May 2018 smartGOV_eMagazine_May2018 - Page 37

his strength on the floor of the House. But you and Modi were impatient and wanted to prove the point that you were above the law of the land. The dismissal of the government was utterly wrong. In fact, Joseph’s verdict was upheld by the Supreme Court bringing the dismissed chief minister back in the saddle. The whole episode could have been averted if your party was more democratic and waited for the elections. Instead, you encouraged the Aya Rams and Gay a Rams to make mincemeat of democracy in the state. Alas, you saw the verdict as a verdict against the BJP government. That is where you and your party erred. By not appointing Justice Joseph, you were giving a signal to all the judges that promotions and post-retirement jobs depended on how pliable they were as judges. It is a dangerous trend. Judgeship is not the birthright of anyone, the least of all Justice KM Joseph’s. He has already proved that he would be guided solely by the merits of a case. For a judge, no other quality is greater than this quality to give a verdict without fear or favour. Whether he becomes a Supreme Court judge or not, he has already found a place in the hearts of the people as a judge of principles. By the way, he is the worthy son of a worthy father whose voluminous reports as Chairman of the Law Commission are a treat for anyone interested in the constitutional and administrate law of the country. It is not necessary that one should become a judge of the Supreme Court to prove one’s brilliance! We recently heard about a judge of the High Court of Rajasthan who said that peacocks were the most beautiful creation of God as they never copulated to produce their offspring. Have you heard about a judge by the name Padmanabhan Subramanian Poti? He did not become a judge of the Supreme Court. The highest position he could reach was as Chief Justice of the Kerala and Gujarat high courts. However, he is still remembered for the pathbreaking judgements he delivered. Given your power and the readiness to use it for political purposes, you may succeed in preventing Justice Joseph from becoming a Supreme Court judge but do not think that power will stay with you forever. You are never tired of mentioning how Indira Gandhi tried to pack the Supreme Court with her nominees and how during the Emergency the apex court ruled that even a person’s right to life stood suspended. Instead of learning from the mistakes she committed, you are emulating her in a cruder, devious manner. She had at least the fig leaf of the Emergency to cover her strong- arm methods? What right do you have to arm-twist the judiciary? Do you know that the judiciary is one of the few institutions that still instils confidence in the minds of the people? Your blatant interference will sound the death-knell of the independence of the judiciary. That is the greatest disservice that you can do to the idea that is India. 37 | May 2018 | www.smartgovernance.in Yours etc ajphilip@gmail.com  Courtesy: Indian Currents