LEGISLATIVE AUTHORITARIANISM
is also plaguing our
country. It may seem strange, but sadly true – this is because it appears the
Judiciary is not intervening in the critical affairs of the country when it
must but unjustly and unnecessarily interfering when it shouldn’t. Especially
when the interests or powers of superior courts are curbed or threatened,
really or seemingly, they are too alert and quick to set aside any
overwhelmingly popular measures even – as in the case of striking down the constitutional
amendment instituting the much desired and applauded National Judicial
Appointment Commission – but when it comes to the real interests of masses
reflected in, or to be carried through, the actual working of democratic system,
not only outside but also inside the legislatures, the Courts shy away, to say
the least. All this judicial non-intervention in the name of ‘separation of
powers’, which strangely didn’t come into picture in the above referred case
which resulted in perpetuation of an unconstitutional judicial privilege of
instituting and continuing a collegium for appointment of Judges and reducing
the President of India and the Prime Minister of India to mere figureheads in
this crucial matter. The reluctance of the judiciary to intervene in the case
of legislative recklessness in the State of Telangana, on the infamous
appointment and continuance of a turncoat Telugu Desam (opposition party) MLA
as a Minister with the Speaker refusing to declare him disqualified within any
reasonable time but perhaps planning to drag the matters till the next General
Elections – an obvious fraud on the
Constitution – is a glaring example. This is not just the case of a right
or wrong concerned with an individual minister but having widespread
ramifications, and has already resulted in a situation of a sort of one-party absolutism
in the State. We see a queue of opposition MLAs aspiring for posts of pelf and
perks before the ruling party – several already joined it – in full confidence
that nothing would harm them as long as the ruling party Polit Bureau member is
at the helm as Speaker and the Judiciary non-intervening in the name of
‘separation of powers’. The conditions in the other Telugu State
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