The last defender: Why the judiciary must stand up to the executive

There is a heavy burden on the collegium to build an independent and virtuous judiciary. Judiciary must secure the rule of law and protect the rights and liberties of citizens. The controversy over the appointment of judges to the Supreme Court and high courts is not as straightforward as it appears. The executive wants to take complete control of the last bastion of democracy, the judiciary. Under the Bharatiya Janata Party, the executive is all-pervasive. With constant attacks on opposition parties and their leaders. By coupling denigrating words with the skilful use of investigative agencies like the CBI, ED, etc., the executive seeks to place itself on a higher moral ground. Parliament is used to project the ruling party’s ideology and actions. Real issues affecting the common man and the nation are debated in passing with selective information and statistics. The ruling dispensation is using Parliament to further its agenda. The towering personality of the prime minister is eclipsing the cabinet and its role and every constitutional and critical appointment that is being made appears to suit the executive, be it the comptroller and auditor general of India, chief vigilance commissioner, election commissioners, cabinet secretary and other crucial secretaries or the heads of the ED, income tax department etc. What else can explain the extensions given to the ED head and the hurried appointment of the last election commissioner? Gujarat cadre officers belonging to IAS and IPS services, who have served the PM well in the past, seem to be chosen over deserving and independent officers from other state cadres. What could the reason be for such subjectivity, except to consolidate power in the hands of a few? Skilful methods are adopted to depose duly-elected state governments run by opposition parties, thereby creating a constant challenge in governance. Attacks on critics, simply on account of tweets or articles, are designed to create an atmosphere of fear across the nation. Even films and actors are not spared, with Pathaan being the latest target. The prevention of two young actors from even offering prayers at the great temple of Mahakaleshwar in Ujjain is an example of the vigilantism that has gone unpunished by the state.

 

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