Denting the basic idea of democracy

 It so happens that next week (April 24) is the anniversary of one the most important landmark case decided by SC of India more than 50years back: Kesavananda Bharati v. State of Kerala. The case revolved around the power of Parliament to amend the Constitution. Specifically, it raised the question of whether there were any limitations on this power. The SC, in its decision, introduced the concept of the "Basic Structure Doctrine." This doctrine holds that while Parliament has the authority to amend the Constitution, it cannot alter its basic structure or its essential features. The Court did not explicitly define what constitutes the basic structure but identified certain features that ensures the preservation of fundamental principles enshrined in the Constitution. This ruling has profound implication since the basic structure of constitution consolidates foundation of democracy that enshrines liberty and freedom. Though the Parliament cannot tamper with basic structure of constitution, and can be reviewed by SC, but the basic structure of democracy can be dented and degraded by other means that has severe implications. The institutional pillars of democracy must be relentlessly safeguarded and scrutinized. The legislative is compromised by corruption, nepotism, and presence of caste cannibals, regressive religions and feudal patriarchs as leaders. These have severely degraded the democratic value systems and incapacitated grassroot movements and consolidation of liberal humanistic values. Unfortunately even the socalled fourth estate too is compromised through its incompetency, run by inbreds with specific aim to control narration, scyophantic to power, they create nepotistic alliance of greed with politicians and crave power while systematically degrade humans into herds with charming entertainments and distractions. Thankfully technology has become a savior (for this blogger too to get a foothold, otherwise I would be stamped out long time back) and is having robust presence through social media -voicing and consolidating people's concerns over power brokers as also creating transparency and urgency.

What needs immediate attention is Judiciary itself: the safeguards of basic structure of constitution are becoming cause of concern -they are denting basic structure of democracy. In a primitive society where values of democracy has not percolated much propriety is meaningless. Indeed critical matters that strikes at the foundation of democracy must have strict rules. This poverty driven exploitative society has put much faith on Judiciary and has invested huge money on this institution, as also granted much power and independence to see that they are beyond influence and maintain professional probity. They must realize the onerous responsibility as dispenser of justice in an essentially unjust world. Lower courts are tardy and infected with deep malaise that defines the nature of society it is therefore important that higher echelons of judicial system must be beyond shade of doubt and maintain high ethical and professional standards. There must be strict rule against SC and HC judges taking up political position post retirement or by resigning. It severely dents basic idea of democracy. SC Chief Justice taking up political appointment as Governor or Rajya Sabha member, or HC judge resigning to contest elections, are serious transgression on idea of democracy, and if scrutinized closely, an assault on basic structure of constitution since these crucial pillars of democracy get their credence from constitution. A judge (includes CJ) of SC and HC must be debarred from holding position of political power/influence or business interest after retirement.