The Sunday Judgment

What is the relation between a verdict by the Supreme Court on Sunday and Hindutva feelings of the judges? An ordinary person may not find any correlation between the two extremely different subjects. But the hot political potatoes of Tamil Nadu find ample complementariness between the judges of Supreme Court and the Right wing advancement in the country. At the 11th hour of the bandh to be observed in Tamil Nadu against the callous attitude of the centre towards Sethu Samundram project, the Supreme Court banned it. This had taken the wings out of the flying dreams of DPA alliance. If it was allowed to happen then the common public must have underwent unnecessary torture. At 10.30 on 30th September the Chief Secretary had received the judgment from the Supreme Court. Immediately the clever Chief Minister talked to the coalition partners and converted the proposed bandh into a hunger strike.

Isn’t it funny for the ruling coalition to call for a bandh against its own governments both at the state and the centre? Who is going to gain? At the ultimate analysis there are no victors in this vicious circle. Everyone is the loser. The public is the biggest loser in the bandh games played by the political parties. Several thousand crores of work will be lost apart from wreaking havoc on the lives of innocent people. Stopping the transport services, movement of essential goods, blocking workers from work and preventing essential services like health care spells doom to the livings of Tamil Nadu citizens. The petition regarding the bandh was filled by the archrival party of Karunanidhi. The AIADMK first complained to the Chennai High Court which ordered the government to ensure the smooth passage of essential services. Not happy with the lenient order, AIADMK went to the Supreme Court which clearly banned the proposed bandh.

It is a welcome order of the Supreme Court to stop the hardships created by the bandh through the government machinery. If the Court had left the matter where it was then there is no problem. It went one step ahead and indirectly threatened the government to impose Article 356 to dismiss the DMK ruling coalition. This is unwarranted and unjustifiable.

Now it is the turn of judiciary to take on the legislature. Once upon time the judiciary was made subservient to the ruling political establishment. It is a happy turn round of situations to see the judiciary gaining upper hand. However this should not unify the frustrated politicians to take on the judiciary collectively. Using the impeachment motion the parliament can throw out judges. If this clause is used then the power of politicians will strengthen. Exactly this is the route thundered by the Union shipping and surface transport minister, T. R. Balu in a public meeting in Chennai on the sidelines of hunger strike for the implementation of Sethu Samudram project. Given the numbers for the operation against the judiciary the politicians may get their anger converted into action against the hyperactive judges through impeachment motion.

This is not the first time the DMK leaders are rubbing against the Supreme Court judges. In the OBC reservation case, Karunanidhi called for the change in the relevance of courts. He remarked on 31st March “We need to let the world know that a situation in which two or three persons can decide the fate of 100 crores people of this country was extremely harmful and damaging to democracy”

The DMK’s accusation of Supreme Court siding with the saffron brigade to pronounce the verdict at the midnight hours may not be true. But precautions must be ensured by the judicial fraternity not to allow such type feelings reach the public.

Without succumbing to political pressures and ideologies, the Supreme Court should steer clear the cases. Any bias on the judgments will lead to the erosion of its authority. Refraining from make sweeping political statements in the name of judgments is important for the future relevance of the highest judicial body of the land.