Leave the Caged Lions alone

Free Expression does not mean Right to spread incorrect information We would be celebrating the Independence Day in August 15, 2012, having gained independence from the Bitish rule where sun never set 62 years ago. A day we need to rejoice and a day we have to introspect as to where we have moved as a free country after being free. More than 50% of the present generation might be half the age, for, they were born quarter century later to 1947. But if we take a few passive shots, as a country, we have become more corrupt, more percentage of people live on the meekly subsidy of the Government, illiteracy remaining a little lower than what it was during the British rule, and the rich having made 25% growth in their population etc. The fourth estate has become powerful, can even call a spade a spade, if not can pull down a government with its expose of one incident or event. We have Anne Hazare fighting for the Lok ayukta Bill to be passed when the log (people) of this country has become mute to what is happening for they had given themselves the Constitution but had no power to criticize the government. The judiciary has taken the powers of governance from the executive, who are supposed to govern the country, contend the government. We had a series of public loot in the form of 2 G, Commonwealth Games, Adarsh scam, Chief Ministers’ quota of land allotment, army scam, vote for money scam, MP voting scam, and recently, 2 battalions of 1,000 army men marched to Delhi in the dead of the night towards Rasina Hill, when The Army General’s plea before the Supreme Court regarding his DoB need to be adjudicated. This was a storm in a tea cup or was it a gentle wind in the soup cup? This was reported by a newspaper on its front page in font 32. The nation was taken by storm, created more frenzy than India’s win in the World Cup Cricket. When Views, Reviews, Previews and interviews, exceed the lakshmana rekha, would you call it a newspaper scoop? There is every reason to believe that we have an inept government, a Prime Minister with no power, all of which resting with the Party Presidents, and DNA (Do nothing Antony). Antony has never faced a crisis in his political career, and whenever a crisis was enforced on him, he rather ran away than bravely facing it. He has to his credit, the highest resignations as Chief Minister, Kerala, one, when he was part of the Syndicate Congress, CM, Kerala, his party decided to support Smt indira Gandhi who was a candidate in the Chickmangalore election when the State was embroiled in the famous Rajan case. As Minister of Civil Supplies of GoI, he resigned rather than face the heat. Today, he wields power, but can you narrate a single project he has brought to Kerala? None. Not even to his native place Shertalla, where Coir industry is facing grave crisis. The Defence Minister escalated the crisis in the Defence ministry when there was no crisis. We spend our time on issueless issues. 10 sturdy boys from Pakistan held the country to ransom for 72 hours (Mumbai attack). It took the might of the army, t repulse it, though some of them sacrificed their lives. Let us give our defence forces what is their due. Honour. Let us honour each one of them for the selfless sacrifice they have been doing while we have been criticizing everybody other than ourselves for the country’s growth. This is too sensitive a subject where the 4th estate needs to indulge in needless debate. Right to Information does not mean Right to spread information without solid proof.

Powers of the Executive under Indian Constitution?

The Supreme Court, through its five member Constitution Bench had upheld that the President of India did not have unfettered right to withdraw his pleasure whenever he felt so and removal of a judge is subject to judicial scrutiny. The Court refused to accept the plea of Article 156(1) that President has been conferred absolute or unfettered power to withdraw his pleasure. In one of the cases, the highest Court held that the “power of the sovereign of England has not descended on the Indian President”. He is subject to checks and balances.

In case of executive acts, he shall always be bound by the advice of the Cabinet of Ministers. If somebody appeals to him for mercy, he will forward that petition to Home Ministry and it would sit over it for any number of years as it has happened to 50 odd cases where the convict is in solitary prison for more than a decade. All that the President of India can do is ride to the Republic Day parade saluting base drawn by five horses, stay in the Rashtrapathi Bhavan, for opening and closing any function where the President is present, his permission has to be sought and obtained. He will give Padma Awards to the distinguished personalities chosen by the Home Ministry. He can refuse to sign a Bill and send it back to Parliament for its re-consideration. If it is still passed, he shall sign on a dotted line. He may be away at Russia, America or Germany, however, he will sign on the dotted line for declaring President’s Rule under Article 356 of the Constitution. He will swear in all the Ministers, Chief Justice, and diplomats like High Commissioner or Ambassador shall present their credentials to the President.

In addition, President can visit different places for doing different ceremonial acts. He will read the Government’s prepared text, where “My Government” will predominate. The Governor is appointed by the President on the basis of the whims of the ruling party in power. Being a political appointment, an attempt to impose category of values to the Post defies logic? Often, a retired and inconvenient politician wears the vestige of a colonial past- the post of Governor.

In the present judgement, the Supreme Court states that, “If the aggrieved person is able to demonstrate prima facie that his dismissal was arbitrary, mala fide, capricious or whimsical” then the Court invoking the judicial review will reinstate him. Governors can be removed for compelling reasons which as physical or mental disability and acts of corruption, was the Petitioners’ plea. But the Court held that political or subjective grounds cannot be the only reason, but valid reasons must exist depending upon the facts and circumstances. However, Court has held that the Governor may be appointed by a Government that might have been a different party from a different party in governance. That cannot be a ground for removal. The change of government need not necessarily mean that the Governor appointed by the previous Government should quit, if not, he will be retired, using the ‘pleasure of the President’. In such a case, President cannot remove his pleasure.

We had a Minister who forgot to pay Income-Tax for many scores of years. We had a Parliamentarian, a member of Lok Sabha, Chief Minsiter of a State with the support of the Opposition yet voting with the ruling party claiming that he has failed memory. They continued as Ministers without any disability.

Politicians, retired bureaucrats, or somebody whom the Government wants to provide employment, can be appointed as Governors. Are they agents of the Central Government? Or they employees of the Central Government? Does he have a security of tenure to gubernatorial office? Can a Governor be removed arbitrarily? If he does not resign on his own, can’t the Governor be forced to resign? For all these, the answer is “No” theoretically, but practically, “Yes”. With the judgement which gives leeway to the Government, it is to be seen whether the Government will stop with arbitrary removal of Governor? The appointing authority is the dismissing authority, the Court had ruled. If a Governor is appointed for some fanciful reason, the same Governor can be removed for some improbable reason; this is the philosophy of political parties across the board. Then who will decide,” discrimination”?