An Unprecedented Challenge Before Indian Democracy: Supremacy Of Constitution Or Primacy Of Judiciary
Mukund Bhalerao, Chairman, K Pond Foundation for Health, Education & Research, Aurangabad, Maharashtra
ABSTRACT
Human Welfare is a corner stone and signature tune of every democratic government. Historically, French Revolution of 17th century gave a momentum to uproot the dynastic rules, worldwide.
Thomas Hobbes, John Locke, Charles Montesquieu and Jean-Jacques Rousseau stirred the political thought processes and gave a new direction for the articulation, formation, structure and functioning of democratic governments, parliamentary democracy and most important and critical doctrine ‘Separation of Powers’.
India, in her reinvented independence and parliamentary democracy evolved through well-designed constitution, which had ignited many minds of political thinkers, sociologists, economists and legal luminaries to lead India to zenith of progress, development and prosperity.
However, even after 75 years of our independence, all these three arms of Constitutional Governance could not properly reconcile themselves for the transformation of the long cherished dream seen by the freedom fighters and articulated by our Constituent Assembly. Since 1947, many governments came into power with their plan and their commitment to their ideologies and political philosophies, but as their thought processes were fractured and fragmented, they, in real terms have not contributed substantially and India remained struggling for its glory.
In last few years only Indian democracy has become vibrant and started taking strides towards fructifying the Constitutional Dreams, but the tensions still persist amongst legislature, executive and judiciary and apparently all three are very forceful, vocal and assertive about their own versions. Each of is coming with new edition of ‘My Doctrine’.
Time has come now, to give up ‘I am superior’ and put full and complete allegiance and commitment to the Constitution, which has given birth to these three arms, so that by recognising and respecting each other, valuing other’s existence and views and functioning and parallel contribution and adopting the guiding principle of ‘Check and Balance’, all can grow and create confidence in the minds of all citizens of the country.
On this premise, an Inter-Relation, Inter-Action and Inter-Dependence of Legislature, Executive and Judiciary are being studied within the four corners of the Constitution by considering all relevant and cogent dimensions.
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