Who is responsible for governing India ?

G.S. Vijay Kumar By G.S. Vijay Kumar, 23rd Dec 2011 | Follow this author | RSS Feed | Short URL http://nut.bz/ii_k19.u/
Posted in Wikinut>News>Politics

Who is responsible for governing India?

A) The Central Government
B) The Congress Party
C) Supreme Court of India
D) None of the above

If this question were to be asked by Amitabh Bachchan in the next round of Kaun Banega Crorepati, remember to lock your answer on “C” Supreme Court of India.

Who is responsible for governing ?

Who governs India? – The Supreme Court of India!
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Who is responsible for governing India?

A) The Central Government
B) The Congress Party
C) Supreme Court of India
D) None of the above

If this question were to be asked by Amitabh Bachchan in the next round of Kaun Banega Crorepati, remember to lock your answer on “C” Supreme Court of India.

The political class has brought India, the world’s largest democracy, to this state of affairs by systematically eroding the value systems of almost all our institutions. This has forced the Supreme Court of India to step in to all possible areas to bring in some order and sanity to the decision- making process. The last few months have generated enormous amount of controversy with regard to the 2G spectrum allocation scam, the Commonwealth Games scam, the Adarsh Building scam, Air India scam, KG basin scam and so on and so forth. Some of the prominent Ministers, Members of Parliament as well as state assemblies have been allegedly implicated and a few have even found their way to the central lock-up to become the honourable guests of the government.

In the humungous 2G spectrum allocation scam, which caused a loss to the tune of Rs. 1.76 lakh crores to the exchequer as per the CAG report, The Supreme Court criticized the Prime Minister for taking 16 long months to decide whether former Telecom Minister A. Raja should be prosecuted for giving away 2G spectrum at throwaway prices. The Supreme Court also asked the government to set up a special court to deal exclusively with the 2G spectrum scam. It is because of the SC’s daily monitoring, that so many arrests have been made and there is some progress in the case.


In the recent forcible land acquisition by the Uttar Pradesh government, the Supreme Court raised serious objections to the state administration’s invocation of “emergency powers” to acquire land for real estate developers in Greater Noida. The apex court said that such exercise of power was not acceptable and that it could lead to possible Nandigram-like situations in other parts of the country. The state government had invoked the emergency clause of the Land Acquisition Act, which dispenses with the right of the landowner to be heard by the land acquiring agency.

With regard to the long pendency of condemned prisoners’ mercy petitions, the Supreme Court recently asked the Centre the reasons for the eight year delay in deciding the clemency plea of 1993 car bomb blast convict Devender Pal Singh Bhullar. The SC issued notice to the Centre asking why the mercy petition had not been decided yet. Bhullar, an alleged Khalistan Liberation Force terrorist, was sentenced to death for masterminding the car bomb attack on Maninder Singh Bitta, the then Youth Congress President. On an earlier occasion too, the SC had criticised the Centre for the delay in deciding mercy petitions and said that “Human beings are not chattels and should not be used as pawns in furthering some larger political or government policy”. In all, there are nearly 28 pleas pending with the government out of which 26 are with the President including Parliament attack case convict Mohammed Afzal Guru and Rajiv Gandhi assassination condemned prisoners.


In the Bellary mining scandal, the Supreme Court’s special bench headed by Chief Justice S.H.Kapadia banned all mining activities across the iron ore-rich Bellary region till further orders. The order is likely to put the government of Karnataka to act swiftly and decisively against rampant illegal mining. The Supreme Court was annoyed with the Karnataka government’s response to the mining scandal. Earlier, the court had asked the central empowered committee, an arm of the forest bench of the court tackling environmental issues, to carefully examine the illegal mining in Bellary region and submit its report.

In another development, the Supreme Court criticised top private hospitals for acting like star hotels and charging prohibitive rates. The Court said that these private hospitals got land from the government at cheap rates as they promised to treat the poor, 25% outdoor and 10% indoor, free of cost. The SC added that these promises have long been forgotten and the poor do not get free treatment. The SC gave them two weeks to prepare a comprehensive plan with regard to providing free treatment to the poorer section of the society.


This is not the first time that the courts had to intervene in the executive decision- making powers. Several such instances have been observed in the last few years where the courts had to step in to provide advisory services / solution. It is the apathy and interested actions of legislators who are forever entangled in dislodging or accusing the government of the day .This has pushed the judiciary to step in and explain the constitutional responsibilities of the executive and the legislature. The vacuum created by the irresponsible actions of the executive and the legislature have created a situation where there is a need for an overactive judiciary. The best example is the Lokpal Bill, which has been hanging fire for long.

It appears that we have reached a stage where only a court’s voice will be taken note of and accepted. It is a real shame that our political leaders have led this country to such a pass. The world’s largest democracy being ruled by the courts of India and not by elected representatives, not a happy situation indeed.

An octogenarian was asked as to what was the secret behind his happy marriage?
He replied that it was pretty simple. When we got married, we decided that all minor decisions will be taken by my wife and all major decisions by me. This has been followed strictly and we have a happy marriage.
When asked about the minor decisions, he said that all decisions such as where to buy a house, which car to be bought, which school should the child be admitted etc are taken by my wife. When asked about the major decisions taken by him, he said that subjects like Indo-Pak relationship, selection of Indian Coach for the Australian tour, arrival of monsoon etc are taken by him.

Similarly, all minor decisions are taken by the The Honourable Supreme Court of India and all major decisions are taken by the government, central or state, of the day.




G.S. Vijay Kumar, Mumbai, India
The writer is a senior corporate executive and a columnist

Tags

Amitabh Bacchhan, G S Vijay Kumar, Governance, Governing Power, Government, Government Role, Gs Vijay Kumar, Gsvijay Kumar, India, Judicial Activism, Judicial Interference, Kaun Banega Crorepati, Politics, Prime Minister, Prime Minister Of India, Supreme Court, Vijay Kumar

Meet the author

author avatar G.S. Vijay Kumar
I am a management graduate and have worked as a senior executive for 25 years in the corporate sector.I am a columnist and write on management, Economics and socio-economic topics.

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Comments

author avatar ittech
23rd Dec 2011 (#)

nice share

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author avatar arman123
26th Dec 2011 (#)

Another of your well presented article .. I like enjoying your article

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author avatar Md Rezaul Karim
11th Mar 2012 (#)

Interesting and I do understand the quest you are driving for! Answer is tricky and a lot of discussions to be taken.
Anyway, thanks.

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