First of all, let’s not have any illusions about “right” or “wrong” in Uttarakhand. The BJP wanted power. The Congress wanted power. About 10 Congress MLAs sold out to BJP. One BJP MLA (Bhim Lal Arya) sold out to Congress. The Congress CM Harish Rawat was caught on the phone bribing MLAs, not once but twice. The BJP used its power to dismiss the Uttarakhand government. The Congress used its power to disqualify 9 MLAs voting in favor of the BJP. It was a full on face off with no place for principles whatsoever. The bottomline is that the Congress won the round and the BJP lost.
A contest such as that which happened in Uttarakhand yesterday can only be studied in the context of previous such contests. What bothers me about yesterday is that BJP failed to avenge the injustices of Goa 2005. What happened to Manohar Parrikar in 2005 rankles me to this very day:
“The Goa Governor, S.C. Jamir, this evening dismissed the 32-month-old Manohar Parrikar-led Bharatiya Janata Party coalition government, even as the Government won a vote of confidence, albeit controversial, on the floor of the House. The session was adjourned abruptly by the Speaker, Vishwas Satarkar. at 5.40 p.m. after the vote. Mr. Parrikar said he received the order dismissing him at 6.10 p.m. The one line order read: “In exercise of powers vested under Article 164(1) and other enabling provisions of the Constitution of India, I, S.C. Jamir, Governor of the State of Goa, do hereby withdraw my pleasure and accordingly dismiss Shri. Manohar Parrikar as Chief Minister of the State of Goa.”
(http://www.thehindu.com/2005/02/03/stories/2005020315760100.htm)
Now I am no historian of constitution, but this may have been the first time in history that a government was dismissed AFTER winning the vote of confidence on the floor of the House. This act of imperialism by Sonia Gandhi deserved an equal and opposite counter from Narendra Modi, a debt that remains unpaid till this day.
I don’t know what’s right or wrong, but I know that Goa 2005 deserves to be avenged. And as of today, the BJP has failed to do it.
In a battle such as this, it is natural that both parties approached the courts. At least there was one sane voice, for which we should be eternally grateful to the judiciary. By deciding that the decision of Uttarakhand’s speaker (2016) shall be final on matters of disqualification
and deciding that the Karnataka Speaker’s decision (2010) cannot be final in matters of disqualification of MLAs
the judiciary’s wisdom has laid the foundations for a better understanding of the idea of India. Today, the Supreme Court is set to decide on whether the Lok Sabha speaker’s decision (2016) on Aadhar being a money bill can be treated as final. To use the Supreme Court’s own famous words from one of its most famous decisions, the care that the SC is showing for India’s Constitution seems “almost maternal”.
(https://indiankanoon.org/doc/1735815/)
Good luck to Modi trying to snatch democracy from the maternal care of the judiciary…
My final thought on this Uttarakhand fiasco is that the worst did not happen. There were murmurs that the BJP would have formed an alternate government with the rebel Congress MLAs and Satpal Maharaj as CM. Now that would have been a true disaster.
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My fear is that due to this,Rawat must have gained a lot of sympathy from Uttarakhandis.Some reports said that Congress was considering calling elections early.I just hope BJP can win the election whether it is this year or next year but I have negative vibes.
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I am worried for same thing. But I am sure of one thing. Congress NEVER calls elections early. The biggest principle of Congress is never to risk your chair even for 5 minutes.
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People (Real Aam Admis) do not expect BJP to behave like congress in engineering defections, Imposing President Rule etc. Now at least BJP should listen to advice of its well wishers Like Kanchan Gupta, Tavleen Singh, Madhu Kishtwar etc.
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That is the exact problem BJP faces. People expect a different standard. Obviously thats a good thing. But in situations like Uttarakhand, it becomes a problem.
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Its rather obvious that the judiciary is Congress ka dukaan.But at the same time BJP shouldn’t garner any sympathy.for CONgress and the Utarakhand issue might do just that.
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Sympathy will blow over by elections next year. And factional fighting in Congress is set to increase…
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Uttarakhand fiasco….indeed a big fiasco….. Loss Of Face & Ceding More Power To SC!!
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SC thinks they own the country.
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This issue leaves me perturbed, disturbed, dumbfounded and confused. No one can question the wisdom of SC, but what bothers me is that wisdom is not neutral, obective or absolutist, it is relative. Changing with time, situation, contenders. Now if that is how the decisions shall be meted out, whither neutrality of judiciary. Is the judiciary not transgressing its domain, is it not encroaching upon foreign territory. Judiciary is becoming a plenipotentiary, airing its opinion on everything not connected with interpretation of law, and at times making interpretations to suit itself. Take for instance the Judicial Bill. The judiciary thwarted any attempts by an elected government of “interfering” with it, however, it has no qualms while interfering into executive or legislative functions. Where is the whole system going. Apparently now, SC is the ultimate King of India, dispensing justice to its own whims and fancies. Are we really governed by an elected government or we are being governed by a few judges sitting in SC. The future doesn’t look very bright. For this interference and encroachment is likely to be a bone of contention in near future. We have seen such fight for supremacy in not too distant past, but it remains to be seen when this fight renews.
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I too agree on EXTREME overreach of the judiciary!
The elected executive must impeach at least one ROTTEN judge to provide a warning– about the virtues of accountability.
When the judiciary is guilty of EXTREME overreach,only a constitutional amendment can intervene.
We need super quick action by legislature and executive to curb judicial overreach and investigation into corrupt judges. Why is the Government silent?
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The judges know that the ruling party lacks majority in the upper house. They can also see that almost all the other parties will not cooperate with BJP- especially now in matters relating to the judiciary as they see the judiciary is against the government in many cases. Passing of NJAC constitution amendment was a rarity and it was before the opinion of the judiciary was revealed.
Right now the judiciary is a law unto itself!
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I fully agree with you. I think Supreme court is working as Super PM now. It has created a situation such that, Modi is not able to do anything. In Uttarkhand issue, SC smartly denied power to 9 congress MLAs. Well, we know congress has stooges everywhere and SC is not an exception. So, Modi is facing two oppositions now. In parliament against real opposition and outside parliament it is SC. I do not believe in Indian judiciary. If you see pattern after Modi came to power, SC has been opposing each and everything Modi has suggested. In fact, in some instances it is asking for a detailed report, like they ask for drought situation. Too much interference from SC.
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Mehul you are right!
India is a democracy and it has to be and should be governed by elected representatives and not merely judges, amicus curiae or committees and commissions that are accountable to the Supreme Court.
Today, in some areas, bureaucrats in committees approved by the Supreme Court can bypass their own ministers because they report to the Supreme Court. So, we now have an Executive cum legislating Judiciary.
The COLLEGIUM JUDGES have arrogated vast and uncontrolled powers to themselves which undermine both Democracy and Rule of Law.
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In most democracies, the judiciary is part of the establishment,just like in ours. In US also, presidents have to contend with judges appointed by previous administrations. Only that in India, we are not even allowed to point that out.
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The day is not far when Supreme Court will decide timings of serials on TV channels. Wait and watch.
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What happened to the AG who argued on behalf of the Govt. in SC? How is that he failed to point the inconsistency in SC Judgments?
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I am 100% certain he did. But these days court rules like a panchayat…
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Illegitimate clones of anti Hindu parties blood test confirm diseased DNA of traitor Cong in Uttarakhand. Midi has to strategize to combat and destroy evils along with the devil.
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Just be thankful BJP did not prop up an alternate government with help of defectors…THAT would be the worst…
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India is the ONLY democracy on this planet where judges appoint themselves, the Indian People have NO say in judicial appointments.
In no Constitution in the world is the power to select and appoint judges conferred on the judges themselves.
COLLEGIUM “LAWYER TURNED JUDGES” are not elected by the people.
Generally it is a known fact that successful and brilliant lawyers will never become judges as they can earn more as lawyers!
Most of the judges are UNSUCCESSFUL LAWYERS TURNED JUDGES – BOTTOM OF THE CEREBRAL BARREL.
THE CONSTITUTION DOES NOT ALLOW JUDICIAL OVERREACH, JUDICIAL ACTIVISM OR JUDICIAL ADVENTURISM .
When Judicial Activism is extrapolated and is found to be constricting executive action and initiative, it is known as Judicial overreach.
WHY IS OUR “COLLEGIUM” JUDICIARY SO KEEN ON GIVING THE SAME RIGHTS TO A SEDITIOUS TRAITOR TO THE WATAN , AS TO A DESH BHAKT LAW ABIDING CITIZEN ?
“COLLEGIUM ” SUPREME COURT HAS NO AUTHORITY UNDER OUR CONSTITUTION TO PLAY GOD !!
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In US, judges are elected. Supreme Court judges are appointed by President and confirmed by the Senate. We should have same system.
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After revolt by nine Congress MLAs, Mr. Rawat government had smaller number of MLAs than opposition. What a governor or the central government to do? Let it be? Would it be OK if no bill could pass in assembly because ‘No’ has larger number than ‘yes’? So Modi government had no choice but to impose Presidential Rule. If the court is bias, in a democratic country, PM just cannot do anything and should not do anything. So blaming BJP/Modi government is for Modi haters to do not for Modi supporters, at least in this case.
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With failure of money bill in Uttarakhand assembly, government had already fallen. Decision to impose President’s rule was 100% right.
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