January 4, 2013
Supreme Court is a court, not the executive of India. I’m with Modi and Jaitley on this.
I've already commented in the past on this issue (in favour of Modi). Now I support Jaitley. Extracts from a FB conversation
AB: Narendra Modi is not interested in the Lokyukta. So SC is not supposed to force the govt to uphold the law even if the state government sits on it for 8 years? Jaitley feels we are all a bunch of monkeys here..
Sanjeev Sabhlok I haven't read the details, but Jaitley is right. The SC has no business to give Governor a power over an elected CM. It can censure the CM but the governor as no right to appoint ANYONE without cabinet approval.
AB Yes, i agree.. but the post has been lying vacant for some 8 years. The executive has failed the people as always. So the SC had to step in.. If the CM doesn't do his duty, what do we do? The governor being a congress appointee was more than happy to do the job.
If NaMo had shown the guts and appointed the Lokayukta 8 years ago, the problem would have never arise.
Sanjeev Sabhlok AB, please realise that people have the power to change Modi. The PEOPLE govern India through their elected reps. Not the Supreme Court. The way SC is behaving, I'm coming to a view that the SC is itself flouting the Constitution. The SC can issue strictures. It can insist that Modi appoint LA by a fixed date. But it CANNOT authorise an unconstitutional decision of a governor. Governor is a rubber stamp. Not a constitutional authority. The whole thing reeks of political games, not justice.
AB i agree totally.. But The whole issue arose because the executive failed to do it's job.. People of gujarat have no choice.. There is no other alternative in gujarat.. Modi has done some good work by improving the roads etc.. People cant kich him out over this one issue.. It's not practical, especially when the alternative is a congress govt with people like Manish Tiwari at the helm of affairs.
It is a politics on the part of the governor, i agree.. But the end result is good.. Coz guj now finally has a lokayukta..
Sanjeev Sabhlok I'm afraid AB, you're not getting my point. The SC is breaking India's constitution. It is destroying India's last institution, by becoming a branch of the congress government. There are many ways to shame Modi. SC has not exercised them. It has chosen to break the Constitution. Does that make sense? I'm saying that the SC has chosen the worst way to deal with this issue.
Remember this is a REPUBLIC. the SC is not elected by the people. Its only job is a judge. Not the player.
AB Agree totally… It is probably skirting the constitutional boundaries.. Judiciary is trying to fill the void created by a dysfunctional state.
the worst part of this all? The people have no say in this.. Everyone is claiming to be represent the people's interest, but no one asking them.. A referendum in Gujarat would have been a much fairer way to go about it.. Dont know if it constitutionally possible.
The problem also lies in the fact that people vote only once in 5 years.. If people had a say in the government's day to day functioning, they would have managed to overturn Modi's decision without getting rid of him totally(coz the alternative is even worse!)
Iceland voted twice against paying of foreign debts. The government had no choice..
Sanjeev Sabhlok The way out is for every constitutional authority to exercise only the powers authorised in the constitution. If Modi is not appointing LA, but people keep voting him to power, then they are saying they don't care about LA. If you care, then you must offer an alternative party. I'm working towards such an alternative liberal party for India.
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