By P Mohan Chandran
What does it mean to exercise power over the highest echelons of justice? How does one navigate the intricate web of politics, law, ambition, and ideology? Can the fabric of democracy withstand the strain of interests that pull it from every direction? The tale that unfolds is not merely a chronicle of events but a nuanced exploration of India's democratic machinery, its resilience, its fragility, and the profound questions it raises.
The Chessboard of 1973: A Controversial Installation
In the year 1973, the political corridors of India were set aflame by a decision that would echo through the annals of the nation's history. Indira Gandhi, the then Prime Minister, installed Justice A.N. Ray as the Chief Justice of India, superseding senior judges like Justice JM Shelat, KS Hegde, and AN Grover.
The echoes of discontent were immediate and resonant. The three senior judges resigned in protest, and the government's response in Parliament was tinged with audacity, declaring that the appointment of the Chief Justice was the government's prerogative, and they would appoint only those aligned with their ideology.
But what was the underlying essence of this episode? Was it a manifestation of political will or an aberration that challenged the very principles of judicial independence? The questions loom large, casting a shadow that extends beyond mere historical facts.
1975: A Verdict, A Threat & the Birth of an Emergency
Two years later, in 1975, Justice Jagmohan Sinha found himself at the crossroads of history. He was to deliver a verdict in the case of Electoral Corruption of Raj Narayan vs. Indira Gandhi. A mysterious phone call threatened him with the unsettling words, "If you pass the verdict against Indira Gandhi, then tell your wife not to fast for Karva Chauth this year."
Justice Sinha's response was calm yet defiant, and he went on to deliver a historic judgment that sent shockwaves through the Congress Government. The result was the imposition of the infamous Emergency, a dark chapter that left an indelible mark on the nation's democratic fabric.
The Complex Web of 1976 & Beyond: Judges, Decisions & Repercussions
The tale further unfolds in 1976 with Justice A.N. Ray's ruling in the case of Shivkant Shukla vs ADM Jabalpur, a decision that ended all fundamental rights. The bench included Justices AN Ray, HR Khanna, MH Baig, YV Chandrachud, and PN Bhagwati.
Justice HR Khanna's lone dissenting voice was met with punishment by the government, and he was bypassed for the position of Chief Justice, a decision that raised eyebrows and questions about the integrity of the judiciary.
The narrative takes another twist with the appointment of Justice MH Baig as a Director of National Herald after his retirement, and his subsequent appointment as the Chairman of the Minority Commission, leading to further intrigue and debate.
The Enigma of Judge Behrul Islam
The saga of Judge Behrul Islam adds another layer to this intricate tapestry. An MP of Rajya Sabha during 1962 for Congress, he transitioned from politics to the judiciary and back, raising eyebrows and challenging the conventional boundaries between political and judicial spheres.
His resignation from the Supreme Court, followed by his candidature on a Congress ticket, and his reappointment as MP of Rajya Sabha, paints a picture that is both fascinating and bewildering.
The Resonance of a Question: Democracy's Riddle
As we traverse this labyrinthine journey, we are left to ponder: What does it mean to be independent within the intricate interplay of power, ideology, and justice? Can the judiciary's integrity be preserved amidst political maneuvering? What lessons do these chapters of history offer to the present and the future?
The dance of democracy is a complex ballet, performed on a stage where the lines between right and wrong are often blurred. It invites us to reflect, to question, and to engage with the profound dilemmas that lie at the heart of governance and justice.
As we stand at the crossroads of history, gazing into the mirror of the past, do we see a reflection of triumph or a warning of pitfalls? The answers, dear reader, are as intricate as the questions themselves, inviting us to embark on a journey of exploration, understanding, and wisdom.
Long live India, and may the dance of democracy continue to inspire, challenge, and guide us in our pursuit of justice, truth, and the timeless values that define our nation.
Do you think the Indian Judiciary is really independent?
A. Yes, the judiciary is independent and fearless.
B. No, the judiciary is indirectly controlled by Executive.
© 2023. P Mohan Chandran. All Rights Reserved.
20082023
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