Judiciary v/s Executive: Indian Scenario

Supreme Court of India quashed appointment of Chief Vigilance

Commissioner, P.J. Thomas, who had to resign immediately. This had direct
reflection on the Prime Minster Dr. Man Mohan Singh who approved the
appointment as head of three member committee. PM accepted the verdict
and dubbed his actions as an error but did not deem it appropriate to resign
either for CVC or 2 G mess. The culture of resigning owning moral
responsibility died with great people like Lal Bahadur Shastri or John
Mathai. These days, sticking on to a power-chair is symbol of innocence
until proved otherwise. PJ Thomas also thought so but was forced to quit in
disgrace. Some in the government talked about judicial activism being back
with Chief Justice S.H.Kapadia. If so, aam admi should be happy.

“What the hell is going on in this country?”

During 2 G spectrum controversy of A. Raja, Prime Minister had stated at

one point that judiciary should not cross line and interfere with the executive
functions of the government. It is unfortunate that very often the judges have
to go out of way to express their frustration as it happened recently when
Supreme Court wondered why no action has been taken against Hasan Ali
who has US $ 8 billion stashed in Swiss Bank for which proof was found
during the income tax raid. The onus of inviting or not the wrath of Supreme
Court lies with the government functionaries who are busy with covering up
misdeeds of few powerful ones.

Hasan Ali, who reportedly has not filed tax return since 1998, has been
asked to pay 40,000 crores in taxes and strangely was not traceable until
courts came down heavily. An individual of his wealth today would have
surely been among the top tax payers of Pune even in 1998 period. Why has
income tax department not been inquisitive enough to track missing returns?
One can not amass such wealth overnight. A common man has to submit
copies tax returns for even getting a visa for western countries. Has Hasan
Ali has been an exception?
Today, we are having such a murky and muddy environment, thanks to
A.Raja, that it is easy to imagine “ why pay 40,000 crores tax if you can pay
4000 crores bribes”. But who has courage to accept such a bribe? Obviously
not an individual but the whole system (which is full of Mr.Ten Percents)
may be able to accept and absorb the offer. Hasan Ali is a by-product of
Value Management Deficiency Syndrome (see my blog).

Coalition Compulsion?

The question arising is why the government agencies dealing with economic
offenders have not acted up on earlier? Can honest taxpayers have faith in
their ability to prevent such accumulation and snowballing of criminal
intentions and lapses? Why did it take Supreme Court’s rap to wake up into
action? Who has been shielding Hasan Ali? Or is there again a coalition
compulsion? It is time the finance minister makes a statement in the
parliament.

There have been many such cases of reactions of Supreme Court which have
forced the government to act. Common man is happy that there is some one
to exert checks and balances on the elected representative of the people, who
have torn the moral fabric of the nation to pieces.

Custodian of Moral Values & Ethics

Supreme Court is not there merely to follow the Constitution of India as

twisted by the parliamentarians in their quest for narrow gains. Supreme
Court is also the depository and custodian of the moral values and ethics of
the nation which have been enshrined in the constitution and are nation’s
heritage since King Vikramaditya. If the government does not want
interference from the judiciary, it must be strong enough on the morality and
ethics. Unless politicians, and, inter alia, the bureaucrats conduct themselves
with sense of custodians of ethics and morality in public life, they deserve to
be frowned upon by the people. Also when members of judiciary themselves
indulge in corruption they lose their right to stand up and deserve to be
condemned by the people. A healthy nudge from Supreme Court would
always be in interest of the common man to preserve our value system.

King Vikramaditya was not a born king. People wanted him to be the king.
He discharged his responsibilities ably and was known for his justice.
Dr. Man Mohan Singh, though not comparable, is not a born politician and
was thrust into the chair of the highest office. If he can not be seen guarding
ethics and moral values in governance, he will unfortunately go down in the
history as an able prime minister who had privilege to pledge the nation’s
gold in London and nation’s value system on the altar of politics.

Vijay M. Deshpande
Corporate Advisor,
Strategic Management Initiative
Pune 411021

March 5, 2011

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