CJI weighs in for rule of law
No one need be afraid as long as the rule of law prevails, the CJI said.
In this time of great contention as regards the defence of the core principles of the republic at the hands of government, which has in recent months found expression through raging debates on “rising intolerance”, and “secularism” in India, Chief Justice of India Tirath Singh Thakur has weighed in on the side of dealing firmly with divisive forces in accordance with the precept of “the rule of law”.
This will be a matter of solace to those who feel threatened by political elements whose ideology and politics rest on creating faith-based divides while the government tends to look the other way, or makes only ritualistic noises. In the past two months President Pranab Mukherjee has also reminded the country of its civilisational ethos of tolerance and pluralism. When the CJI’s comments are considered, we can’t but take on board the fact that two pillars of our systemic structure — the head of state and the head of the judiciary — have felt constrained to make observations whose message should have been taken for granted by now.
Interacting with the media within days of taking over on December 3, the top judge noted that India was an inclusive society in which people of all faiths lived with mutual respect, and that the Supreme Court will ensure that the rule of law reigned supreme. Justice Thakur said that when the Constitution guaranteed the principle of the rule of law even for those who were not India’s citizens, there was no question that citizens, no matter of what faith, would be left unprotected. No one need be afraid as long as the rule of law prevails, the CJI said. From his replies to media questions, it appears that the Supreme Court under Mr Thakur may not be inclined to take suo motu cognisance of specific crimes, such as the murder of activists and writers like Govind Pansare and M.M. Kalburgi. This may disappoint some. Chief Justice Thakur felt an order from the court was unlikely to stop a crime, including murder. But he noted, “We are committed to uphold the Constitution.”
It will suffice if the police and the executive take note of the observations of the CJI, and the courts lower down deal speedily with crimes against the minorities and the underprivileged that may be brought before them, especially in cases relating to intolerance and hate. The political executive will doubtless note that its inability or unwillingness to rein in its MPs and ministers guilty of communal articulations is earning it a bad name — within the country and outside. The only real way to change the narrative is to act firmly against such elements. In the name of the republic, this should be done sooner rather than later.
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