Saturday, 31 January 2009

The tragedy of constitutional institutions

Despite their claim of being virtuous Congress party has been defrauding this country for the past decades. They have systemmatically destroyed all constitutional institutions or have bent them to suit their needs, which amounts to destroying them. Since they have ruled the country for more than 50 of the 62 years since independence, they are guilty than the other political parties, not that the others are any better.

Nothing illustrates this better than the state our judiciary is in. Indira Gandhi propounded the idea of committed judiciary, post Allahabad High Court Judgement. Though she didnt have her way totally, the much wonted judicial and police reforms are kept in abeyance, undermining the growth of the social structure.

Annointing rubber stamp Presidents, denying Constitutional Right to citizens through imposition of a needless Emergency, diminishing the value of the Rajbhavans by appointing troublesome Congress leaders as Governors, blatant misuse of Article 356 for dismissing legally elected State Governments, burying Commissions of enquiry findings to suppress the truth, rigging J&K elections that led to the peace process setback forever................. the list is endless.

This Government is doing no better. First, it had the temerity to go against the wishes of the whole Indian Public, who wanted to give an extention to the popular then President Prof.A P J Abdul Kalam, and worse putting a person with dubious track record in his place. Our Presidents ability to hold the constitutional posts is severely undermined with swindling charges against her and a murder case against her husband. Sonia Gandhi wanted a pliable person in the Rashtrapathi Bhavan post 2009 election, and that is precisely what Prathibha Patil is.

Then there was the case of Manmohan Singh becoming Prime Minister through the Rajya Sabha route. A fraud on the Indian people if there was any. A nation of our size cannot have a Prime Minister who is not popularly elected.

And the Navin Chawla case. It was the Congress Government that insisted on expanding the Election Commission to a 3-member body to clip the wings of T N Seshan, who was asking unpleasant questions. Navin Chawla, the current election commissioner and the next Chief Election Commissioner, is a known Congress crony and his family trust has received huge donations from the Congress party earlier. How he can hold one of the top constitutional post without being partial is anyones guess. He is to take over on April 20th and will be responsible for the election results. His actions in the election commission have already raised eyebrows with him taking blatant pro congress stand in the various state assembly elections. There are cases pending against him and now the CEC has suo - motto send a report to the President asking that Navin Chawla be removed as EC. This is unprecedented. Gopalaswamy's tenure has been an unqualified success. He has conducted elections in various states including Kashmir in an extremely fair manner. His concerns need to be taken seriously, for he alone with the other EC knows the behaviour and attitude of Chawla inside the Commission. If an existing CEO casts aspersion on his successor and reports to the Board, the Board has to consider it seriously. Even if there is a 1% doubt on Chawlas integrity, he should not be given the CEC post. The nation demands it. But nothing is likely to happen. The rubber stamp President forwards it to the PMO, who will sit on it till the current CEC retires. Once Chawla becomes CEC, he can only be removed by the Parliament through an impeachment motion. But the President can remove the other two ECs on CECs recommendation. The sordid issue in the case of Chawla is that the President has forwarded the CECs recommendation to the Government headed by Congress, whom Chawla is supposed to be favouring. And they are to suggest the future course of action. This is akin to asking the Fence who peddles in stolen articles to decide if the thief, who gives him stolen articles in the first place, is guilty or not.

The whole murky episode shows the democracy in the country and its guardians in poor light. And we the people are impotent

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