Indian dystopia : An outcome of the flawed wisdom of the Constitution makers and the subsequent courts

A more elucidating analogy to explain what our country and our Supreme Court has been doing by making the helmet-wearing compulsory, is a situation in the proverbial "andher nagari" (Dystopia), where the Government authorities make compulsory the carriage of Quinine tablets when the country is plagued by Malaria diseases, instead of setting out to cleanup the streets and the colonies.
The Government authorities , since they have the power to write the rule books for the citizen, while also having a duty to do the routine clean-up, would never write a Law which may make compulsory on themselves to do some action , without doing which they may have to pay a fine.
In the case of growing problem of criminalty in the Political space, the courts of this country continue to walk on their familiar line of idiocy . They see the problem as that of the citizen and the community , instead of the Political -administrative system 's own failure to ensure a Political neturality within the executive machinery.
The Indian courts seems to suffer from the problem of flawed knowledge of the foundational principles on which the system has originally been founded , (back in Europe) . The Political Neturality of the Executive arm of the Government is as important a concept as is the Independence of the Judiciary. But it appears from the actions of the Court that this particular piece of Information is missing from its repository of wisdom.
Political Neturality of the Executive, the mechanism to guarantee this is completely collapsed and now extinct in the poltico-adminintrative set-up of this country. But deep inside this is one single idea which can explain out many of the problems that this country suffers from :-
-- The problem of absence of even a single politically neutral media house , a problem which has manifested itself through nick-naming of the media as "presstitute".
-- the problem of an absence of Politically neutral investigations agency , the problem which we are seeing as "demand for Independence of the CBI", and which very recently showed out its underneath existence through that "CBI versus CBI" episode .
The Court , it appears to be lacking in the wisdom to 'connect the dots' that the problem of Criminalty within the Political class is just another manifestation of the problem of absence of Political Neturality .
To read more and understand more about this concept , one can explore it on the wikipedia too, under the article titled "Civil Services in the United Kingdom".
But to one 's suprise , the collapse of the Political Neturality of the Exexutive arm, while it is partly seeded in the flawed design of the Constitution that the country has brought in place, it is also accreditable to some of the judgement of the courts which bore the effect of undoing the principles upon which the Administrative systems had evolved itself overtime . The courts displaced away those principles and invented their own "basic structure " idea from which this dystopic system has originated . Incidentally the courts have been selfish too in that they not only created this flawed idea, but also awarded themselves the custody of the "basic structure".

Comments

Popular posts from this blog

The Orals

Why say "No" to the demand for a Uniform Civil Code in India

What is the difference between Caste and Community