DailyPost 2550

What does the term executive immunity mean? It is not mentioned in any of the legal statute, but is practiced with total impunity, day in and day out. It eats into the vitals of the system and is at the core of basic sense of distrust in the executive. Executive immunity that the executive is not forced to take ownership, responsibility and accountability of its actions from a legal point of view. All it decides and acts upon is based on some provision of the law, that enables it to take such action. If the law is misused, wrongly used, if improper application takes place or there has been no application of mind, or the action has been camouflaged, what legal action is taken against the concerned.

If no action is taken in general, and tenor of governance and administration is to ride roughshod and get away with it, then it is a true indication of executive immunity. When the feeling is that if you engage with an official even for the right thing, in all chances you will find yourself on the wrong side of the law. If you get into the executive powers practiced in this country, then you will be forced to believe that if you find fault with one official, you might end up having a whole battery of enemies in the executive. You would be declared as the mischief creator. The lust of executive is the nature of power it commands and loads have to do with executive immunity.

It is practiced with precision you can’t even imagine of or conversely you would have become so used to it, that in all chances you might be finding it as the norm. Omission is the biggest tool of executive immunity at their command. If he does not taken action against the wrong doer and the defaulter, what do you do? You might be seeing variety of such things, happening all around the place, and no action is taken. Omission does not carry any liability; it is accepted as no offence. To rule is law is the dictum. The long arm of law is in full display when one out of many is legally acted upon. There are also times when the executive acts upon the ones who are not on the wrong side of law; on pure perception and subjectivity.

If you are incarcerated for years because of a wrong official and legal action and having proven so in the court of law, you are freed is the reward. What *happens to the official who had you put in you in this predicament? Mostly, no action. If you are denied something that is due to you by the government or there has been an inordinate delay, and judges decide in your favour, you get what you were fighting for, but nothing happens to the erring official. What about the time, energy, money and humiliation in many a cases? They are the custodians of public trust, how many amongst the masses would agree to it, is left to your wild imagination. Does due diligence, application of legal mind, equality before law in action and due process of law does not apply to the executive.

Sanjay Sahay

Have a nice evening.

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