SUPREME COURT AS THE PROTECTOR AND PROVIDER OF DEMOCRACY IN INDIA

SUPREME COURT AS THE PROTECTOR AND PROVIDER OF DEMOCRACY  IN INDIA

 The concept of protector and provider is divine. The faithful considers the divine/ God as the provider and the protector.

In our nation, being sovereign democratic republic, who is the protector of democracy and it's sovereignty? It is nothing but the people itself. No organ of the nation can assume the role of people by replacing them. The people may use it's organs as tools to achieve any of their objectives.  

The period of emergency (1975-77) was a great threat to our democracy and Fundamental Rights. The citizens even failed to get their Fundamental Rights protected through the courts. Even parliament passed Constitution (42^nd Amendment) Act, which stood as a threat to the democratic functions and Fundamental rights. The executive exhibited rampant violations of the freedoms enjoyed by citizens. So who protected the democracy and constitution? It's nobody, other than ‘we the people’. The people of India pro0tected the constitution and it's constitutional democracy through the ballots in polling booths. People forced the parliament to correct the aberrations and damages caused by the constitution (42^nd Amendment)Act, through Constitution (44^th Amendment) Act. So none of the organs can assume the role of protector of the people! The organ of the nation are protected by it's people! The people are the masters of the nation. All others are in service to the master. But, when a servant in his wildest dream assumes that he is the protector of his master, then it's time for the master to rethink about the employability. Under that wrong notion, if the servant starts dictating terms to his master, he shall be taught afresh that the master is a master.  When the organs are used by the people to achieve their objectives, it's the master using the tools. It's not that the master wrongly assumes the functions and proclaims itself as the protector of the master. As far as the people of the country are concerned, the last words of Buddha is vital :- “look not for refuge to anyone besides yourself”.

Under this wrong notion, assuming the role of protector of the people, the new terminology being used as ‘immature civil society’.

The constitution termed the people with utmost respect and placed them as the provider of the constitution. Hence the terminology, “We the People”.

Hypothetically let us think that the present hon’ble judges are most responsible individuals who will exercise the entire powers invested without any accountability, in a righteous and heavenly manner, without resorting to any nepotism or favouritism. They all may be holding saintly qualities. I am neither saying it is so, nor saying it is not. It is only a hypothesis and nothing to do with the present reality. Only as a matter of hypothesis for a moment let us think so. Still it can never prove and assure that all the future judges who will handle such magnified and unaccountable powers will be saints forever. There may be devils also, who may assume such powers. Some may become devil, after assuming such super powers. Then what remedy the nation is holding against such misuse of powers, by such unscrupulous and unaccountable use of powers against the common interest of the institution and nation? Hence the very requirement of every authority to be within it's bounds and responsible to be accountable.

Every institution is functioning through human beings, who by very nature are likely to err in its decision making or execution of its authority.  It can be a meaningful functioning, only if checks and balances are in existence. Every power shall be accountable to another. And such chain of accountability ultimately culminates with the people at large, who are the sovereign decision makers and judges. The political authority is answerable to the people of India through the electoral process. In a democratic process, no authority can exist, not being answerable to anybody. Every worldly power shall be accountable. The only one unaccountable power is divine power. Under no stretch of imagination, it is possible to understand that the judiciary enjoys divine powers, even though some pretends so! Hence   it has no right to enjoy unaccountable powers. It shall be remembered that ‘ let you be of at any height, the law is above you’. The law of equity says: ‘Lex non a rege est violanda’, which means:- The law must not be violated even by the King. The political authority is answerable to the people through elections. In a democratic process, no authority can exist, not being answerable to anybody. If at all it exists, it is undemocratic and the error needs to be corrected. It is at this cross roads the NJAC Act,2014 stands. The constitutional amendment Act,2014 envisages so.