Supreme court which is one of
the 3 pillars on which democracy is reposing. In elections 2019, SC played its
part well as a guardian of the Constitution and corrected the loopholes that
our polity was going through in functioning, in 2019. The problem arises when
the said constitutional functionaries fail to perform their functions in a just
and fair manner.
One of the worries in Indian
polity is the functioning of governors, speakers with there limited functional
power's, there are mostly apolitical proxies. With the word 'apolitical
proxies', I mean, they are slaves of there masters. Governors, speakers sing
the song of the party they represent before becoming governor. Maybe its a flaw
in our constitution, but our forefathers very foresightedly gave the power to
the supreme court, as a watchdog of the constitution.
The questionable
functioning of governors, speakers In India in 2019
In the states in which questionable
decisions are taken by governors, speakers are Jammu and Kashmir, Karnataka,
Maharastra. In Karnataka, former Karnataka assembly speaker K.R. Ramesh Kumar
to disqualify 17 rebel Congress-Janata Dal (Secular) legislators for defection
was challenged in the supreme court. The former speaker K.R Ramesh Kumar having
disqualified the MLA's due to defection (Disobaying party whip) tried to shun
the disqualified MLA from contesting by-poll. But by SC coming into the schene,
knowingly gave a decision in favor of people. Made the people decide the
political future of disqualified MLA's.Showing the legislature, that people are
supreme.
In Maharashtra, the petition was filed by
shiv-sena regarding the floor test, the SC requested the governor to perform
floor test as soon as possible, with a pro-term speaker at the helm and to be
telecasted live. The SC read the Maharastra situation well, the secretive
practices were kept at bay and clear transparency was employed by SC. The
petition filed to declare the formation of Maharashtra Government by the Maha
Vikas Aghadi alliance of Shiv Sena-Nationalist Congress Party- Congress as
'unconstitutional' was struck down by calling "Political Morality is
different from Constitutional Morality".Insightful and just clearing the
quagmire in politics of Maharastra.
Similarly in Jammu and Kashmir, also the
governor's roles have a constitutional functionary has been questionable, which
was further resolved by placing a president's rule.
I conclude, the unsung hero of
2019 is our Supreme Court which gave
some excellent decisions which installed our faith in democracy.
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