Judiciary Challenged – Nation Heading towards Constitutional Crisis

It appears that the country is heading towards a constitutional crisis. The political leaders, including some ministers, have come out openly to criticize the ruling of the supreme court against the Tamil Nadu government’s call for a state wide bandh in protest against the, “go slow attitude of the center” regarding the implementation of the Setu-Samudram project.

It may be mentioned here that the Setu-Samudram project is about dredging several hundreds of meters of ram Setu, the mythical bridge between India and Sri Lanka lying under the sea. Due to the presence of this bridge-like structure – man [monkey] made or natural – cargo ships cannot use that sea route between India and Sri Lanka to go from the Indian Ocean to the Bay of Bengal and vice-versa. The ships at present are obliged to take a longer route via south of Sri Lanka.

Tremendous religious sentiments of hundreds of millions of Hindus is attached with the Ram Setu. The apex court has earlier ordered a stay against damaging the Setu and had asked the central government to file an affidavit. The later obliged only to raise a hornet’s nest by questioning in the affidavit the very existence of lord Rama historically. The controversial affidavit invited vehement protest from all corners of the country and on Mrs. Sonia Gandhi’s behest the UPA government at the center was obliged to withdraw the affidavit and received permission of the Supreme Court to present it’s case 3 months later.

This was too much for the Tamil Nadu’s chief minister Mr. M Karunanidhi who is well known for his anti Ram Chandra stance. The 83 years old DMK chief never misses an opportunity to vilify Lord Rama. In the name of rationalism he challenges the believers to produce historical evidences that Rama ever lived on the surface of the earth. He even dares to call, lord Rama a drunkard and mocks at the very idea that it was Rama who has built the ram Setu. Mockingly he asks in which engineering Rama has graduated to build a bridge.

Karunanidhi could not wait for the next 3 months; the time which the UPA government has obtained from the Supreme Court to present it’s case regarding the Setu-Samudram project. In his eagerness to “build pressure” on the center of which his party itself is an ally(!) Karunanidhi called a bandh on October 1 in his state in favor of a speedy implementation of the Setu-Samudram project, oblivious of the fact that the apex court has had already declared bandhs illegal way back in 1998. Therefore, anyone who calls a bandh, dose so at his own risk. Such a person may be charged with contempt of court. But even after 1998 various political parties have on different occasion fearlessly and nonchalantly called bandhs and made them successful too. It is another matter that no one perhaps bothers to attract the apex courts attention towards the offenders.

This time it was different. DMK’s staunchest political rival in Tamil Nadu AIADMK filled an urgent application seeking an injunction against the bandh. The supreme court on it’s part acted extremely swiftly and held a rare sitting on a Sunday [September 30] and the bench of acting chef justice B.N. Aggarwal and justice P.P. Naolekar ordered not only not to go ahead with the proposed bandh on October 1, but to forget the idea for any other future date either.

Upset by the court order, the DMK supremo shunned the word bandh officially and declared that he along with his supporters will go on a dawn to dusk hunger strike on the appointed day [October 1]. But the groundwork for a successful bandh had already been completed before October 1. the result was that life in Chennai and elsewhere in the state was almost completely paralyzed. Public transport system was off the road, the educational institutions and traders put down their shutters reportedly under threats from DMK activists who allegedly marched through the streets holding placards and flags and shouting, “the bandh is total”.

The Supreme Court was very much annoyed with the Tamil Nadu’s government, which was acting smart. The bench of acting chief justice B.N. Aggarwal and justice P. Sathasivam warned the state government that the non-compliance of it’s order meant a “complete break down” of the constitutional machinery in the state, in which case it would have to direct the central government to impose President’s rule in the state. The bench also advised the AIADMK to file a contempt petition when the later drew the attention of the court towards the situation of the state on the day of bandh i.e. October 1.

Fearing the consequences perhaps, Mr. Karunanidhi broke his fast half way and left the place where he was sitting on a fast with other members of his party. The matter dose not ends here. It is the attitude and the utterances of various leaders of the different parties in power – both in Tamil Nadu as well as in center, which caused concerns. The Supreme Court’s observations and actions have not gone down well with the DMK and it’s UPA allies. Every other leader of these parties has dared to speak out his mind against the court’s observation.

A senior minister at center, Mr. Priyaranjan Das Munshi had the audacity to declare before hand, “we will do nothing to disturb the [Tamil Nadu] government remotely, directly or explicitly. We are committed. They [DMK] are part of our government”. This is indirectly a challenge to the Supreme Court and a shameless acceptance of his intention. He makes it clear that even if the supreme court directs the center to impose president’s rule in Tamil Nadu, Karunanidhi need not bother because the congress – led UPA ministry at center will not act on it because DMK is a part of his [Priya’s] government. It means that the center will defend one even if the one is found guilty by the Supreme Court! Politics has come down to this level!

Union shipping minister T.R. Balu went a step further and even dared to criticize the apex court’s way of functioning. He had the temerity of putting the Supreme Court itself in the dock – “what was the special hurry in hearing the case against the bandh on a Sunday? Nowhere in history has this happened” the minister roared. He also reminded the judiciary that “the judges were not infallible” and that “there were even corruptions charges against former judges”.

Karunanidhi himself could not restrain himself making an oblique remark against the court acting so fast in this case. His said, “there is so much delay in the wealth case in Banglore and the Kodanadu estate case [both against his rival and ex. Chief minister of Tamil Nadu Jayalalitha]. This is because we are what we are and they are what they are”. CPM general sectary Prakesh karat even termed the court’s remarks as “an uncalled for judicial encroachment.”

One shockingly feels that, this case of challengingly Supreme Court’s observations in public by our elected leaders is a very very dangerous precedence. If this trend is not checked at the very outset and the “guilty” not punished or censured, then the habit will catch up with others too. The days then will not be far off when almost each and every decision of the court will be challenged and orders flouted by the ruling party ushering in real constitutional crisis – legislature versus judiciary. One is afraid it is just the beginning.

Author: Subhash Dey
copyright: openarticlesubmission.com

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