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SC discharging constitutional obligation, not tyranny of unelected: Justice Ganguly

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New Delhi: Even as Finance Minister Arun Jaitley sought to brand the Supreme Court judgment striking down the National Judicial Appointments Commission Act and the enabling 99th constitution amendment as “tyranny of the unelected”, former apex court judge Asok Kumar Ganguly said that what it did was its “duty”, which it is mandated to discharge under the constitution.

“Well I don’t agree with the minister. Under constitutional provisions, it is always within the province of the judiciary to examine the validity of an act or even the validity of a constitutional amendment. This power of judicial review has been expressly granted to the judiciary by the constitution. This is clear from article 79”, Justice Ganguly told IANS on the phone from Kolkata, where he has settled down after his retirement.

While Justice Ganguly disapproved of Jaitley’s choice of words, former Supreme Court judge Justice B. Sudershan Reddy refused to join the issue and Justice A.K. Patnaik tried to make light of it, saying it was normal for a parliamentarian faced with an adverse verdict to criticise the court.

Describing parliament a “feature of the constitution”, Justice Ganguly said: “There is no question of challenging the supremacy of the constitution and there is no tyranny of the unelected”.

Justice Ganguly, who, along with Justice G.S. Singhvi, was part of the bench that had on February 2, 2012, cancelled 122 2G licences on the ground of being allocated in an “arbitrary” manner, said: “Parliament is a feature of the constitution, it does not interpret the constitution and it is given to the judiciary to interpret the Constitution. Therefore if the judiciary finds any law is unconstitutional, it is its duty to say so.”

“This constitutional dispensation must be accepted by all, especially by a minister who assumes office by taking an oath to uphold and preserve the constitution. The judges of the Supreme Court, by their judgment, have just upheld the the constitution and law.”

A five-judge constitution bench of the the Supreme Court Oct 16 struck down the 99th amendment and the NJAC Act as unconstitutional and void, restoring the collegium system for appointment of judges to the higher judiciary. The court also sought suggestions from the bar for the improved functioning of the collegium system. The hearing on the same will take place on November 3.

Holding that “parliament is sovereign but is subject to the constitution”, Justice Ganguly said: “The sovereignty of parliament is not questioned by the judges but the laws made by it have to be tested on the touchstone of the constitution. Therefore, when a court declares a law invalid, it does not impinge on the sovereignty of parliament. It merely does its duty to uphold the constitution in exercise of its power of judicial review.”

Not taking a serious view of the views expressed by Jaitley, Justice A.K. Patnaik, who had, in his July 10, 2013, verdict said that a lawmaker upon his conviction would be unseated, noted that Section 8(4) of the Representation of the People Act provided for this.

“It is matter of debate. You can’t call it contemptuous. He represents the parliamentarians. That is the view of the member of parliament. He has the right to tell (whatever he feels). The Supreme Court has delivered its judgment,” Justice Patnaik said.

In an obvious pointer that lawmakers do say such things when faced with an adverse court verdict, Justice Patnaik referred to an instance cited by eminent jurist Fali Nariman during the course of a hearing.

Nariman had told the court that in one country, a new parliament building was being planned and a committee was set up to invite suggestions. One of the suggestions was that it should be ensured that the parliament building should be bigger than the country’s Supreme Court building.

Refusing to join issue with Jaitley, Justice B. Sudershan Reddy, who along with Justice S.S. Nijjar had authored the judgment on bringing back black money, declined to join issue with Jaitley, holding: “I will not say anything. I will not join issue with him.”

At the same time, Justice Reddy was not on the same page with the constitution bench striking down the NJAC.

“I think the dissenting judgment is correct constitutional view. The discourse adopted by the majority judges is illogical and based on principles unknown to constitutional jurisprudence,” Justice Reddy contended.

(Pramod Kumar, IANS)

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Shoot The Rapist At The Sight

 And which type is contributing more dangerously to the society can easily be measured with our simple plus and minus equation

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This glaring aberration in the world of media is visible as clearly as stars in the darkness of the night.
India is plagued with a disease called Rape. Wikimedia Commons

Salil Gewali

  • India is plagued with a disease called Rape
  • There are no rigorous punishments for rape
  • Rapists openly commit crimes without anny fear

Why the clamour only for the rigorous punishment for rape and other sadistic crimes which have their roots in the mental-degeneration? Apart from the toughest punishment to the perpetrators, let’s go deeper to analyze what could be the possible  “causes”  that push men to commit rape. Why so much mental degeneration that certain individuals can stoop to the gutter being to their status, their position and social values? Well, how to address those issues is certainly a challenge. And that “challenge” certainly calls for a serious brain-storming and a serious self-assessment vise-a vise the environment in which we all are living.

Ranaghat Nun Rape Case
Rape culture in India garnered more spotlight following the Nirbhaya-gang rape, after which the issue has continue to remain a burning topic in the country. Pixabay

True, in the physical world we are highly convinced brag about that healthy environment is a must for our healthy living. Even kids know these days that we can’t breathe well if our surroundings are filled with high levels of  “toxicity”. We have well studied through our academic textbooks that people invite the environmental disaster if they keep on allowing excessive emission of CO2, CO, methane and other dangerous gases into the atmosphere. We have fully acknowledged that each tall and black chimney of the industries and the nozzles of the motor vehicles are here only to mar the beauty of this planet? What kind of damages the toxic gases are doing to our ecosystem are not at all tough job to analyze with modern appliances. Again, a lot amount of books have been published to create the awareness, to inform us about the scientifically tested measures to resolve the environmental concerns.

However, do we have the same amount of literature that pinpoint the “causes” which contribute to turning “males into perverts”? Who else is emitting the “toxic substances” that overpower the inborn sensitivity of the deviant? What are the properties of toxic filth that is polluting the mind-scape of the society? Now we have Donald Trump, the president of the USA, whom many prefer call him a pervert. At this rate, the number perverts are increasing and they have become dangerously ubiquitous. And, all those perverts have brought nightmares to the ill-fated females. We often stage candle march in protest against the rape, but remain blind to the glaring “causes”. Should we still fiddle about and be appreciative of the society that shameless covers itself with the vulgarity — the “toxicity” that might numb the sanity of males? Watch out, dear friends, those perverts have begun to see even “baby girls” as objects of lust!

Please note:  what our sages said:  “What you see that you think, what you think that you do and what you do that become !!!!”

Also Read: Eat Grapes To Ward Off Depression

Again, I would like to draw another similarity with what prompt big people to “rape”/violate the harmony of the Mother Earth. The case is very regularly brought out by the conscious citizens across the country. A senior journalist Patricia Mukhim of Meghalaya has pointedly driven home recently how the “greed for money” has corrupted many leaders who are trying hard to justify the senseless exploitation of the “body” of Mother Earth. Many big shots of big companies struggle to convince the politicians to tweak the laws to grant the permission to perpetually “rape” the country.

In my mind, both are infected with common syndromes! While the one type is interested in the body of the females, the other type has a fetish for the rocky body of the “Mother Earth”. And which type is contributing more dangerously to the society can easily be measured with our simple plus and minus equation.

The rape victims are not getting the justice they deserve.
The rape victims are not getting the justice they deserve.

Let’s assess the issues from another angle, given the advancement of medical science. Till some years back malaria, dengue, cholera, HIV, smallpox were life-taking diseases. But the medical science has pretty successfully eradicated or contained them all. The scientists have correctly identified the causes of those dangerous diseases and recommended the remedial measures. No doubt, that is a very productive achievement. However, why have the modern studies practically failed to “identify the causes”  of the pandemic rise of the horrendous instances of rapes and criminality associated with them? Is it not a strong slap in the face of the modern civilization considering we have not yet spelt out the causes and the characteristic symptoms the  “toxic emitters” who turn decent males into sadists? How long will we endure the depravity which has already strangulated the decency of the society? Should we still wait to work out the tough laws? Should we still hitch to explore for the “causes” and remedial measures? I guess the time is ripe that each morally conscious individual be allowed a shotgun to shoot the “perversion and depravity” of any kind at sight!

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali.