One of the leading Constitutional
experts and arguably among the best jurists the state produced had visible
tears in his eyes when Ramlal outshone the Constitutional restrains of the High
Court office. The jurist who also served as judge of our court said in a
private conversation that all the books of his envious library (which he surely
had not only read but more importantly understood!!) was a bulk of waste. He
said that the principles of constitutionalism was being threatened. That
ghastly accident was quickly corrected and the purpose of this piece is not to
revisit the “Dark 30 Days”, when the present Honourable Speaker must have been
a young lad.
The principle underlying the abuse of the basic principles of the Constitution
revisits and haunts us – at least those who respect the law.
Lets do a quick ‘memory rewind’. A bench presided by the Chief Justice in a
hurriedly delivered verdict directed the CBI to investigate allegations against
YSJ et al. The officialese obviously could not be chaffed from the official by
the CBI. The premier investigating agency (or do I rush to the Bard and borrow
the expression “Honourable”!) went about its job of “investigating” “arresting”
“calling for investigation” the many who were involved.
This could have well been a glowing chapter in the cleansing modus operandi of
the system. Unfortunately that was not to be!! The cynical did not for a moment
credit the Honourable agency with impartiality. The fine art of witch-hunt
(unlike any Italian Mafia Operation!!) was all to visible. The more visible it
became, the more brazen the CBI turned.
It was pretentiously conscious of the credibility. Forget the telephone tapping
of a principle Investigating Officer, forget other short stories by the side,
so the Honourable Authority went about arresting officers who cleared files
relating to ‘questionable deals’. In the process, the Pandora’s Box had a few
favourites limping out. And what happens? Three Ministers are named. One
resigns. One offers to. The Chief Navigator of Chapter Andhra Pradesh under the
Constitution of India looks the other way!! In keeping the flock together he
forgot what he said in the presence of the Governor which is “I, do swear in
the name of God/solemnly affirm that I will bear true faith and allegiance to
the Constitution of India as by law established, that I will uphold the
sovereignty and integrity of India, that I will faithfully and conscientiously
discharge my duties as a Minister for the State of Andhra Pradesh and that I
will do the right to all manner of people in accordance with the Constitution
and the law without fear or favour, affection or ill-will”.
A bus conductor who is caught not issuing tickets worth Rs. 70/- is removed
from service. A Public Sector Undertaking employee, caught with 10 metres of
company owned cable wire is suspended, punished, a student caught in an
examination malpractice is suspended and later debarred. The Home Minister is a
different fish altogether. Not for her the rough sea. She inhabits the designer
aquarium insulated from the insults of law. All equal. Some more equal!!
When a government disobeys the law (word, spirit or both!!) it not only
encourages anarchy and looses credibility but openly tells the people: “I DON’T
CARE”. This is anathema to a constitutional form of government that starts with
an emphasis on WE THE PEOPLE. The crisis in a democracy moving towards anarchy
or fascism is when there is a huge conflict (visible or otherwise) between WE
THE PEOPLE and THEY THE RULERS .
He resigns, she resigns, they continue. We have a government with accused
ministers being defended by the public exchequer, we have ministers who say
that they signed official files at the behest of a person who is now dead and
of whom they never tired to sing praise. When governance shifts from serious
administration to a comedy of errors it is a tragedy, when it moves to a
tragedy of ridicule it is disaster.
A Republican during the debate to impeach Justice Chase asked over two
centuries ago and is still echoing in our society. Je asked as to why: “there
should be any class of men in society in any office that should be treated like
gods, placed so far above the reach of censure and almost dignified with papal
infallibility?”
L. Ravichander.