It is unfortunate period for the health of Democracy that Judiciary and legislature have lost mutual respect .Tension between two organs is very much harmful for the country as a whole. Continuous distrust for each other has given rise to weakness in both the system. To add fuel to fire our executive wing is already paralysed, ineffective and inflicted with malpractices. In democracy when all the three important wing, legislature, judiciary and executive are ill of cancer of corruption, one cannot dream of real development of the Nation, safety and security of the people and guarantee to freedom.
I am of strong conviction that as long judiciary is honest, devoted and effective none can damage our social fabric and national safety, security and integrity. Further if Parliament and legislature are honest, devoted and loyal to the country, none of the executive wing will have the courage to work with dishonesty and negligence. The root cause of all evils prevailing in executive and judiciary is political leaders. It is immaterial whether political leaders are in government or not. It hardly matters whether they are in Parliament and state legislature or outside it. All political workers are causing damage to the entire system of judiciary as also executive system by promoting corrupt practices using their money and muscle powers. They use money and muscle powers to win the election, to survive in the system, and to prepare enough resources for future election as also future of their forthcoming generations. This is a vicious circle of Money power and muscle power. Who came first, egg or chicken, I don’t know. But this much I am sure that as long as political class is not subjected to task, nothing can improve in our country.
It is most unfortunate that even leaders like Mr. Man Mohan Singh has started criticizing the judiciary.Mr. Singh has advised the courts to remain within limits. Has he ever thought why after all judiciary is constrained to cross the limit? Whenever Congress Party or any other ruling party was in absolute majority in any state or even at center they did not hesitate to even altar the basic nature of the Constitution for their vested interest. Congress Party passed a bill reversing the judgment of the Supreme Court in Shah Bano case just to please Muslim Community. Late Smt Indira Gandhi imposed emergency in the country after her defeat in the hands of Mr. Raj Narayan in the Court and she left no stone unturned to book all opposition leaders in jail even by bringing out 42nd amendment in the Constitution which altered the Basic structure of the Constitution. When Janta Party came to power after lifting of emergency they reversed the entire contents of 42nd amendment act in the Constitution. In Southern states reservation is available for more than 50 percent which goes against the spirit of the Ruling given by Apex court. All this was possible when the ruling party was in Majority or even in absolute majority. Under such circumstances it is only judiciary which protects us from the misdeed of the Legislature and Parliament. We have seen in the past that Court saved us from so many mischievous acts of political leaders. Rather it is political leaders who are causing erosion in the image of the court because it is political leaders who use their money, muscle and political powers to build pressure on judges to ensure judgment in favour of their friends, colleagues, goonda elements and criminals supporting them. This is why Mr. Lalu Yadav is Minister even when there are serious charges against him and his supporters. There are hundreds of leaders with criminal background in Parliament and state legislature.
As such political leaders do not have the Morals to preach sermon to Judiciary. They should first look into their own heart how much sin is filled up there. For God sake please do not point out accusing fingers towards Judiciary .I again appreciate judiciary for their constructive role in many cases .There may be some stray cases of encroachment of limits by judiciary but always in the interest of the country. If political leaders are left fully free they will sell the country in the hands of enemy country for their own vested interest. They may reserve all posts and position for Muslims and Dalits sacrificing the quality and development of he country. They may divide the nation on the ground of caste, community and region and religion and rule the country on “Divide and Rule” policy. Then can enhance the domain of 9th schedule. They can impose or delay implementation of Uniform Civil Code to please one group or other. .They can distribute state revenue as charity even if Country has to keep gold under pledge or sell gold stock to pay our import bill. They can indulge in Rs.30000/ crore stamp scam and nothing will happen to any political criminals. They can release any veteran criminal or any hard core terrorist to please some communal leader or some pockets sitting outside the country to please some community or other. And so on …………
It is therefore essential that Judiciary is left to work freely and allowed to without any fear. Mr.K.G. Balakrishnan the Chief Justice of India rightly asserted that power of Judiciary to review the actions of Parliament and legislature should not be diluted in the interest of Democracy .It is true that corruption has entered into judiciary too from the corridors of political community. But still judiciary is better than Parliament. If we categorize judiciary as Bad and executive body as worse, then the Parliament and legislature are the worst.
Lastly I would like to mention ere that judiciary is full of educated and educated persons whereas Parliament and legislature s are full of illiterates, less educated and even leaders of criminal background. Obviously if one has to choose among Bad, Worse and worst, judiciary will be preferred by all peace loving citizen of the country. Of course judiciary needs reformation to make it more strong and effective. Our leaders are therefore advised not to commit blunder of curtailing the powers of judiciary just to please Mr. Somnath Chatterjee (though Speaker, he is more leftist) of CPM in particular and for survival of UPA government in general .
