Mobilenews24x7 Bureau ( Special)
How soon India may see that one elected state government is going to be dismembered by the Centre’s Ordinance which smacks of executive overreach, political vengeance and a surprising judicial silence.
In the case of Delhi government facing an ordinance the apex court maintains a studied silence whereas it has the mandate to play the role of a protector for constitutional sovereignty of any.
What can be said a little lopsided was the apex court’s approach in the case of Delhi and Maharashtra and some have dubbed it as ‘calibrated’ approach, win in one and not in another.
Notwithstanding what comes out , one thing is established now: after it passed an ordinance to undo the effect of the Supreme Court’s Delhi ruling, the Central Government has entrenched the red lines further. The message is loud and clear: it is not even willing to abide by the Court’s calibrated approach.
Now it appears that the Government is hell bent to somehow wrest the control over National Capital Territory of Delhi which manifest that anything can be done in complete disregard for the courts. It also speaks volumes about the Government of India’s contemptuous approach toward the principles of the rule of law and democracy.
Such intentions show that the Union wants to lord over both the UTs and the States by ensuring any interference of courts do not come its way.
Does it reflect elements of a ‘Big Brother’ syndrome aptly described in George Orwell’s ‘1984’. To quote Pratap Bhanu Mehta, “ we are in a full-blown constitutional crisis” where discussions or debates have no space.
The Supreme Court has of course a roll here to apply brake on any Executive overreach but it has not happened so far to safeguard a federal structure,
It can be said without a shred of inhibition that the Delhi power tussle itself is a standalone example of the inability of the Courts to check executive overreach.
Honorable Supreme Court has essentially maintained surprising silence in important constitutional cases pending before it. Rather than acting as a guardian against the state power, the Court appears to have turned a blind eye to the legislative and executive overreach of the state.
