| Published on 11-05-2007 In National |
| Viewed 2892 times | Written by Cho Ramaswamy |
| Laughter is the best medicine |
|
|
It is a lucky escape for all the democracies of the world. Thanks to Chief Minister Karunanidhi's timely warning, the imminent danger being faced the democratic globe is over and done with.
The CM proclaimed on the floors of the Tamil Nadu Legislative Assembly's floors that the fact that the nation had faced the grim extra-legal possibility of two or three [judges] deciding the future of a billion people. This, he said, was not only a bad aspect of the attempt to twist the will of the masses, but also was a grave injustice perpetrated on them. This had to be exposed to the world at large, he said.
Such a pronouncement became a necessity only due to the unwillingness of the Supreme Court to retract from [its recently known position of] insisting on the continuance of a stay against reservations [for OBCs and others beyond the stipulated upper limit of 50 percent].
In other words, all those legislators, MPs et al, who opposed each other during elections, having come together to form a government represent the entire [population of India] amounting to 100 crore people. And such a body can do as it deems for five years since it has the leave of the public to do so. Can two judges of the Supreme Court grant an interim stay on the legislation made by such an exalted forum, which represents the aspirations of such a vast multitude? The very act of the Apex Court is cruelty personified and if allowed unchecked, would assume catastrophic proportions. And it is this axiom that [the Tamil Nadu Chief Minister] wants the world to become aware of.
Democracy would have a chance to survive in all countries if they tread the path so wisely shown by the CM.
But, the nations of the world ought to correctly comprehend the political idiom of Karunanidhi. Henceforth, in any arbitration, the country in question ought to ensure that the court in question must ensure that there are more judges on its bench adjudicating the matter than its entire population.
India has a billion strong laity. So, for the sake of a simple majority, the number of judges hearing a case concerning all and sundry, for the sake of superiority in strength, should have at least one judge more. Further, as parties who have an interest in a matter cannot judge it, all the judges will have to be imported.
In all cases concerning commercial entities, even though the plaintiff and respondent may be one each, the number of judges adjudicating the matter will have to be more than the number of employees and heirs of the relevant company.
On the issue concerning the [Ayodhya temple/mosque controversy] in the [disputed] birth place of Lord Ram, as the sum total of Hindus and Muslims of India are interested parties, the number of judges should exceed 95 crores – the approximate number of citizens who are likely to be affected by their ruling.
In the Cauvery imbroglio, the people of Tamil Nadu have accepted the courts' pronouncements, which is wrong in law and a danger to democracy. So the number of judges deciding the issue should be more than the combined numbers of the total population in all the main riparian states – Tamil Nadu and Karnataka i.e., above the 11 crore limit.
The same premise is applicable for the Mullaperiyar tangle [between Tamil Nadu and Kerala] as well.
Fortunately two judges of the Madras High Court's Division Bench agreed with the TN government on the issue of abolition of Common Entrance Tests. Else, the CM would have threatened them with the same two-versus-six-crore formula and invoked the threat to the tenets of global democracy. At least in this matter, the Chief Minister hasn't found fault with two individuals sitting in judgement over the future of the entire state's youth. By the same token, if the Supreme Court finally agrees with the central government [in the matter regarding reservations] the two-versus-the-rest averment would perhaps be jettisoned too. The Apex Court perhaps should be thankful to him on that count.
Since we are sufficiently enlightened by this theory of our CM, we [are temporarily] foxed by the fact that he opposed the demand underlining need of the state's ownership of cable television and agreed with a single individual called the Governor who decided otherwise. The logical query – 'how can a solitary person decide the fate of crores of people who watch television?' can obviously not be raised because the policy governing the numbers of judges vis-à-vis the people will only apply to apply against the judiciary as only they are deemed to be against democracy by our CM.
By that yardstick, all the ills, impediments, stumbling blocks, in short, every sort of bad thing that plagues democracy begin and end with the judiciary.
Therefore, the CM has rightly said that it simply isn't enough if Tamil Nadu and for that matter whole nation become aware of the situation. So he has pontificated to the entire world.
What will the world do after understanding this piece of "wisdom?" Perhaps it would laugh. One can only hope that the CM, who claims to find the personification of Divinity in smiles of the poor, comprehends the real import behind the laughter. (Translated by TSV Hari from Thuglak) |
|
|
|
|
|
|
| Social Web |  |
| |
|
|
| |
Processing please wait ...
Top Stories
