Ever since the Supreme Court won the verdict in favour of collegium system for appointment of judges in the High Court and the apex court, it seemed to be moving suo motu taking issues in reforming the political system and pronouncing its verdict that can only land itself in ‘judicial knots’ For example, its latest pronouncement on banning seeking votes based on religion, caste, race, community or language, is already creating a problem which can only result in bedlam and diverting the attention of Election Commission.
The intention may be laudable to cleanse the system but the very fact that in selection of candidates to fight elections, all the political parties are guided in appeasing caste, sects , religion etc is a inconvertible reality. This fact itself flies in the face of reality when during election campaign the verdict of SC would amount to creating a dichotomy as if it bars freedom of expression that is guaranteed under the constitution.
For example, the same constitution provided for reservation for only 10 years and what is happening today is that it is violated with impunity and many distortions have set in which is acting against the interest of the country.
The other constitutional mandate is about introducing uniform civil code which has remained a very contentious problem. Under these circumstances my considered view is to allow elections to follow the existing norm without gagging the inherent natural human tendencies for ultimately we can’t wish away the fact that we are creatures shaped by our religion caste etc. and the system will get correct by itself in course of years.
In my considered view ban is violation of the constitution. The earlier verdict on the issue of respecting the National Anthem in theatre is bound to be contentious for Jehovah’s Witnesses may challenge it because it contradicts SC’s verdict of August 11 1986 and it is difficult to envisage how SC will extricate itself. Then there is another case of a High Court Judge in Kolkata who is set to argue against collegium’s decision. With all such cases springing up, SC will find itself in a tight situation.
By H R Bapu Satyanarayana