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Ssc SOCIAL STUDY CIRCLE di (ESTD
1982) www.dalitindia.com ssc@dalitindia.com *********************************************************************** |
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October
20, 1999
Every
honest and sensible Indian is expected to stand by the Constitution of India,
and abide by it. And every Official and Govt Employee, including the Judges and
other Judicial Officers, are duty bound not only to stand and abide by it, but
also faithfully comply with the provisions of the Constitution, and honestly
defend them with all their might and fullest capacities. There can be no
exceptions in this regard, be that at the top the President, the Prime
Minister, Speaker and others in the Centre, and the Governors, Chief Ministers
etc in the States down to the lowest functionary in the Govt Offices. For any
failure in this regard, one may perhaps afford to forgive and excuse, many of
the ill-informed and semi-literate lower functionaries. But those in the know
of things and at the helm of affairs, can not afford to feign ignorance nor
plead helplessness, or on the other hand show their wisdom and try to act extra
smart. For they are liable to be prosecuted, and in fact must be summarily
sacked and dismissed, without show of any mercy or hesitation.
Our
learned, academic, soft spoken, diplomat turned President, Hon'ble Shri KR
Narayanan had just not spoken out his mind, when he wrote in the File dealing
with the Appointment of Judges –
Eligible
persons from SC&ST categories are available, and their under-representation
or non-representation would not be justifiable.
As
the Guardian of Democracy and Protector of the Constitution of the Nation, he
had honestly and sincerely done, or begun to do his duty of standing by and
protecting both Democracy and the Constitution. Being the Chief Executive and
also the Commander-in-Chief of the Armed Forces, he had given a clear warning
to all those otherwise in high and responsible positions to be honest, act
sincerely and behave seriously with due care and responsibility, befitting the
Offices they are holding. The President had not only done his duty of standing
by and defending the Constitution, but had pointed out the continuous and
outstanding lapses on the part of those in Power and are entrusted with higher
responsibilities. His observations are a clear and polite advice to them. They
are also with out any doubt a specific and firm warning. To defy the
Constitution still, and cross swords with President of India, are definitely
acts of deliberate defiance, which should invite appropriate corrective and
further prosecution. This would actually set a correct example, and a right
Constitutional and true Democratic Precedence. For no one, no authority and no
institution is above the Constitution, or can think of ever claiming any right
above and beyond the Constitution? Every authority and every institution, being
the creations of the Constitution, derive all their powers, rights and
authority from the Constitution, and have to function within the limits of the
Constitution and as per the specific and general provisions of the
Constitution. To go against the Constitution, show disrespect, or raise doubts
and question any of the provisions of the Constitution, is clearly a crime, and
an act against the Nation and the People. It is a subervisive act against the
People, the Constitution, the Govt and the Nation. No lenience whatsoever
should be shown towards such individuals, who-ever it may be.
There
can be no two opinions about the fact that Hon’ble President’s Noting on the
relevant File is final and is binding. Who on the earth, which authority can
question the President – especially when he had asked the authorities that be,
and the Govt to comply with the Constitution and also act Democratically? The
File had become too hot for many – for they stand exposed, and exposed by the
highest Constitutional Authority of the Land, the President of the Nation. The
veil of their integrity and honesty has been removed and completely removed,
and their hollowness, falsehood and dishonesty has now come out in the open,
for everyone to see them in their true colours. They have been stripped naked.
Yet, shamelessly some attempts have been made by the vested interests to
politicise the issue, project it as a controversy, and drag it in the Press for
cheap discussion and public criticisms. Yes, a controversy it could be, if it
is between two lesser authorities or petty mortals. They can then appeal
jointly, separately or singly to their superiors or any other higher
authorities for support or resolution of the conflict and a Judgement. But,
when the highest authority of the land had made a relevant observation, it is
the duty of others to follow, and abide by it. It will be clearly an
indiscretion, an irresponsible act, and in fact a violation of the Law, and
blasphemy to defy or argue against it. With the help of some base, hollow and
shameless individuals in the Press, an attempt has been made to find faults
with the President with the evil intention and his Secretariat, while focussing
on the Notings of the President with an evil and malafide intentions.
The
only option left now, for anyone not willing to mend and correct their ways, is
to honourably and silently quit their offices, owning moral responsibility for
the lapses till date. Of course, the extent to which one could go, and levels
to which one would stoop to, has been seen in the recent violences in some
parts of the Country, cleverly stage managed only for the purposes of diverting
the attention of the Govt, Press and the People, from this important issue.
For, this issue is pregnant with dangerous consequences to the very Philosophy
of Democracy in the Country, and pose a series of very very serious problems to
the masses. But in this attempt, the vested interests all stand naked, and are
fully exposed. For, on the File sent by the Chief Justice of India to the Law
Minister in the middle of November 1998 for appointment of four Judges
to the Supreme Court of India, the Hon’ble President while giving his assent to
the appointment of the four Judges of the Supreme Court, had Noted on 28th
November 1998 –
I
would like to record my views that while recommending the appointment of
Supreme Court Judges, it would be consonant with Constitutional Principles and
the Nation’s Social Objectives, if persons belonging to the Weaker Section of
Society like SCs and STs who comprise 25 percent of the Population, and women
are given due consideration.
Eligible
persons from these categories are available, and their under-representation would
not be justifiable.
Keeping
the vacancies unfilled is also not desirable, given the need for representation
of different sections of society, and the volume of work which the Supreme
Court is required to handle.
The
present impotent Govt, the Law Ministry, the Chief Justice of India, most of
the Judiciary, the Press, and the vested interests therein of the dominant
class and caste combine, all appear to have been rudely shaken by the vigilance
and conscience of the scholarly and socially responsible President. Instead of
changing themselves to take a right path, they had deliberately and recklessly
leaked out the contents of the File selectivity. They feel that the File
contains, a potentially explosive suggestion, which even seemed to cast aspersions
on the whole selection process. What else can one expect from the existing
forces? They are all thus not only irresponsible, exploitative and parasitic,
but are also shameless. They would neither own up responsibility, nor correct
themselves and mend their ways. On the other hand, they are trying to find
fault and blame the President, his Secretariat and Personal Staff. They have
still the guts to write in the Press-
Normally,
the Presidential assent is granted within a day or two. But in the case
of the four Judges, the President’s Secretariat took several days to react.
This
remark shows that they expect, and continue to expect that, the President
should be a Rubber Stamp President, who should sign on the dotted line, within
a day or two, and promptly give his assent to all proposals brought before
him. They also have the temerity to say and accuse that the President’s
Secretariat took several days to react, even when Hon’ble President had
recorded his advisory observation on 28th November 1998, on the File
sent by the Chief Justice of the Supreme Court by mid-November, after the 28th
October ruling of the Supreme Court on the appointment of Judges to the
Supreme Court. In their opinion, and in these days of inaction, red-tapism and
nepotism, this is a serious delay, and they had written that the President and
his Secretariat took several days to react.
Hon’ble
President of India had clearly seen through their games, and had caught them on
wrong foot. A clear attempt has been made to split the appointments and fill up
the existing vacancies in phases, and thus manipulate the Seniority of Judges
by promoting to the Apex Court, Junior Judges first, by-passing the Seniors,
only because many in power now, do not like some Judges or Chief Judges of some
High Courts, on grounds of their birth and caste, and also because of their own
personal, group, class, caste, and other loyalties, vested interests, biases,
prejudices, nepotism, and who knows may be perhaps blatant corruption.
If
the Govt is Sovereign, stands truly by the Constitution, and really works or
wants to appear to be working for upholding the Constitutional Provisions and
Directions, they should ask the concerned Editor(s) in the Press to tell the
truth, as to how they got an access to the Top Secret File containing the
Proposals on the appointment of Judges to the Supreme Court, and the Notings
between the Chief Justice, Govt and the President of India. And, if the Govt
really means business, it should take Criminal Action against all those involved
in leaking out State Secrets and passing on Top Secret File(s) for perusal by
unauthorised individuals.
Will
any one take up this issue?
Can
any one ask, demand or force the Govt to prove this case and bring the guilty
to book, however big may be or whatever high positions the guilty may occupy?
Does
the Country have mettle and guts to launch even Independent Proceedings against
the guilty and bring the guilty down from the higher positions. So as to uphold
the Constitution, protect the dignity of the person and office of the President
of India, and teach a lesson to all those guilty for leaking out Court Notings
and passing on confidential, secret and top secret files selectively to
embarrass the President of India, only because they don't like him, and they
can not digest his independence, forthrightness and uprightness. Is there any
one who can stand by Truth and Honesty, ensure Right Procedures and Practices,
and has a Commitment to our Democratic Constitution?
Only
an appropriate answer and outcome will ensure a safe future for the Nation,
State, Society, People and the Individuals therein - whoever they may and
whatever may be their standings, ideology and or birth? And No one, Yes, No One
will be spared or escape in future - that is not very far off!
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