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Deficit in Polity

Monday, May 02, 2016
By Prashant Hamine

The manner in which the courts have begun dispensing justice of late in cases of abject corruption and the way the government appears to be abdicating its primary role of governance and the apex court questioning the legalities of the laws enacted by the government in the legislature suggests a huge Deficit in Polity. But is it so?

At times it does look like the government is letting the judiciary decide on everything under the sun. The government on the other hand feels that a mega bureaucratic shake-up is the only way to get a grip on the administration.

The recent transfers of some of the senior most bureaucrats like S K Shrivastava (Finance), MukeshKhullar (Energy), Malini Shankar (Environment), Deepak Kapoor (Food and Civil Supplies) to name a few are being talked about as a fallout of their differences with the Ministers heading their departments. Or is it that the Ministers themselves were not capable enough of taking the decisions? It is the abdication of governance by the rulers and politicians stalling crucial pieces of legislation, rampant corruption and nepotism in the system that is prompting the aggrieved citizens rushing to the court of law for justice.

Chief Justice of India T S Thakur may have turned emotional in front of Prime Minister Narendra Modi over vacant posts in the judiciary and the plied up cases. But, equally one cannot understand the judgements of the courts be it in the case of NEET, Dance Bar ban and law, drought, Right To Pray or be it the latest Adarsh scam verdict. In a sharp admonition to the students seeking leniency and flexibility in the Medical NEET were told to pay attention to their studies rather than pay attention to their exam dates. However, the same judicial system grants scam tainted Adarsh Society 12 months time to move the Supreme Court (SC) and in a way stays its own decision of demolishing the tower of monumental corruption.

By the time this column is published the HSC Board students may have found very little time to prepare for the NEET on May 1. The government too took time to reiterate that it will go ahead with its own MH-CET on May 5. The only sigh of relief for the students is that they can still get a chance to crack the NEET on July 24, if they have missed out on it on May 1. The Supreme Court first set aside NEET in 2013, the state sought time till 2018 to upgrade its syllabus to the CBSE level and the court and all of a sudden the SC handing down a judgement that gives hardly any time for the HSC Board students to mug-up on CBSE syllabus.

It is equally incomprehensible for the apex court to have pulled up the government for not issuing licenses to Dance Bars. The court also took strong objection to what it felt the prohibitory nature of the new law enacted by the state government. Empirical evidence has shown that families and homes have been destroyed, women exploited in the dance bars and yet the right to livelihood of the dance bar girls is upheld. It’s a bizarre logic of upholding the right to do a business that thrives on the premise of your ultimate destruction. Be it the Dance Bars, NEET, IPL, or Right To Pray the government has often dragged its feet letting the court of law take over.

The deficit seems to be all over the place. Known for his no holds barred comments Union Minister for Surface Transport Nitin Gadkari once remarked let the courts run this country. Or is it an admission of failure of governance or judicial activism?

The judicial ­system grants scam tainted Adarsh Society 12 months time to move the Supreme Court (SC) and in a way stays its own decision of demolishing the tower of monumental corruption.

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