DailyPost 2419
DO YOU KNOW THE CONSTITUTION?
The plethora of issues landing in the courts with regards to powers of constitutional functionaries, modalities of government formation, defections, executive powers / decision making, at times powers of an elected government itself as in Delhi, reservations, bonds, arrests and even some law or the other not being in consonance with constitution. What does it mean? On the face of it, it gives a feeling, that all those who exercise these powers, do not have the knowledge of the constitution and / or other established laws. Is knowing the law only the job of judiciary and others can practice the same law without knowing it.
Without commenting on the wisdom of the legislature in the enactment of different laws, there is no denying fact that executive has been using the law in cavalier manner. Their general thought process in that if you are aggrieved, you can go the court. This has gone to the extent that the standard norm in a large number of instances is that I will keep on aggrieving you and you can keep going to the court. Is the constitution and the laws are made with this mindset or does it any way correspond to the spirit of the constitution.
Is it safe of have functionaries who either have no knowledge of the constitution or they are tuned act in a manner which is conducive to the constitution for reasons well known to them. Today we have functionaries from the smallest to the biggest, who fall in this category. Are these issues, well established in law, going the courts again and again do not bring ignominy to the concerned. Most of times the courts come down heavily in such cases and strictures passed can put any government and / or functionary to shame. Shame is forgotten word today, so where does the legal propriety come from?
What is most audacious is that they decide to act in a partisan manner/ with vested interest / for a devious purpose and the whole legal machinery at their disposal has to find a way out? Lots of things which should not happen, happen through the meticulously created crevices of law. Which do not fall in the legal pit, land in the courts, where the legal eagles work tirelessly for huge sums of money, to prove the wrongs as legally right. At times they are successful, having meticulously planned their documentation and arguments. If they fail, their clients shamelessly move ahead to do the same thing in any number of the other issues. This has become the well-established system, the de-jure one generally runs parallel and at times crosses swords when forced to do that. Objective legal opinion before taking a decision is abhorred in this country.
LACK OF KNOWLEDGE OF LAW COMPLEMENTED BY ENORMOUS POWERS, IN PURSUIT OF VESTED INTERESTS, HAS WRECKED HAVOC ON THIS NATION.
Sanjay Sahay