Directions to the President and Governors are a constitutional overreach by the Supreme Court

How can there be any difference in the views of Vice President Jagadeep Dhankhar regarding Article 142 of the Constitution, that it should not be used as a nuclear missile, but rather for complete justice, which is the intent of the Constitution? Despite having extraordinary powers, it is not accurate to say that the Supreme Court can do no wrong. The infamous case of ADM Jabalpur versus Shivakanta Shukla is a permanent stain on the judiciary, i.e. the Supreme Court, when it suspended fundamental rights to life. This case primarily addressed whether citizens could file a writ of habeas corpus to challenge unlawful detention during the Emergency.

The Supreme Court's overreach has been felt many times in matters concerning constitutional posts. The cause of the current controversy is the recent case of ‘State of Tamil Nadu versus Union of India.’ In this case, the Supreme Court practically directed the Governors and the President of India to clear the bills within three months of their passage by the legislatures. However, the Supreme Court overlooked the provisions of Article 361 of the Constitution, which provides immunity to the President and Governors from legal proceedings while they are in office.

The President and Governors are not answerable to any court for actions taken in their official capacity. No criminal proceedings can be initiated or continued against them while they hold office. No arrest or imprisonment orders can be issued against them during their tenure. Civil proceedings related to personal acts can be initiated only after a two-month notice. This article of the constitution ensures that the highest constitutional authorities can perform their duties without legal distractions. Therefore, the President and Governors do not fall within the purview of Article 142 of the Constitution. This was why the late Somnath Chatterjee, the former speaker of the Lok Sabha, even refused to accept the notice of the Supreme Court, for which he was lauded by all believing in constitutional propriety.

The Supreme Court has committed many egregious mistakes, and this ruling will likely join the category of judgments made during the Emergency when it justified the suspension of Article 21 (Right to Life and Personal Liberty), meaning that individuals could not challenge their detention in court. This decision was widely criticised for undermining fundamental rights.

Likewise, Keshav Singh’s case revolves around the conflict between the privileges of the Uttar Pradesh Legislative Assembly and the judiciary's authority. Keshav Singh, a member of the Socialist Party, was accused of contempt of the UP Legislative Assembly after distributing pamphlets alleging corruption by a Congress MLA. The Assembly sentenced him to seven days in jail. However, Singh filed a writ petition in the Allahabad High Court, challenging his detention. The High Court granted him bail, which led the Assembly to charge the judges and Singh's lawyer with contempt as well.

This case raised significant constitutional questions regarding the balance of power between the legislature and the judiciary. Similarly, Bihar also experienced tensions between the judiciary and legislative privileges in 1997. These cases underscore the delicate balance among the different branches of government. It is therefore crucial that all the organs of democracy understand their limitations. The Supreme Court cannot give directions to High Courts. That is why, in its judgments, the Supreme Court requests the High Courts and never directs them, as High Courts are also constitutional courts, and the Supreme Court does not have any advisory jurisdiction over them.

Supreme Court is Wrong in Saying that Urdu is Free from Religious Obstinacy

  

Facts are sacred, comments are free. Therefore, every person under 19 (1) (a) has the right to free speech and expression, which includes the right to reasonable criticism of the law courts or any executive action. Similarly, section 5 of the Contempt of Courts Act, 1971 states that a person is not punishable for contempt of court if he or she publishes a reasonable comment on the merits of a matter that has been heard and determined or if a person publishes a fair comment on the merits of a matter that has already been heard and determined.

The issue involved here is the Urdu language, which has been a bone of contention right from its inception in India. There is hardly any doubt that Urdu and Hindi are of the same genre. The only difference is the script. While Marathi, Hindi, and Nepali are written in Devanagari, Gujarati, Bengali, and Punjabi also share many similarities with the Devanagari script. However, a particular community is responsible for making Urdu a communal language, as this community insists on writing Urdu in the Arabic-Persian script. It was promoted more by the medieval Muslim rulers than by the common people.

In all the states where Urdu is the second language, its growth has been retarded for two reasons: one is its alien script, and the other is its support by a particular religious community, which has stubbornly refused to accept any change. Otherwise, there seemed to be no reason why Urdu should be foisted upon the people of West and East Pakistan, where not even a fraction of the people could speak this language. Even today, those who are fighting for the signboard of the Patur Municipal Council to be written in Urdu along with Marathi belong to only the Muslim community. They do not fight for homogeneity but for a separate identity. Thus, the lecturing of the Supreme Court on Urdu is injudicious, uncalled for, and has no connection with reality.

Judges of High Courts and the Supreme Court nurse a false notion that they know all, forgetting the fact that the Supreme Court is supreme, not because it is infallible, but because it is final. Urdu is undoubtedly a sweet language, and its growth will depend upon its acceptability by other communities, especially if its script is changed from Arabic-Persian to ancient Devanagari. For this, the obstinacy of Urduwalas belonging to a particular religious community will have to eschew its tenacity.

Rahul Gandhi and His Family did not Oppose the Waqf Bill in the House is still an Enigma shrouded in Mystery

 

One of my friends, who has been living in the US for nearly twenty years, asked me why Rahul Gandhi, the Leader of the Opposition in Lok Sabha, his sister Priyanka Gandhi, a member of Lok Sabha from Wayanad (Kerala), and their mother Sonia Gandhi, have not spoken a word against the Waqf Bill in the respective houses. Although they give the impression of being strongly opposed to the Waqf Amendment Bill, nevertheless, their silence remains a mystery to any conscientious person.

When I expressed my inability to provide any explanation or reason for their studied silence on the issue, he opened up and said that it was due to extreme pressure brought on them from Christian organisations. While it is true that Christians in Kerala have opposed the Waqf Bill, it is hard to believe that they could exert such a mountain of pressure on the Gandhi family that would force them to remain silent. Rahul Gandhi did not even attend the debate for the whole day; when he finally came to the Parliament house in his sleepwear, he was unable to participate or speak in the discussion. The same goes for other family members.

If they are truly opposed to the Waqf Bill, they should have openly supported the opposition to it with their logic.

The Waqf has indeed caused immense damage to the unity, integrity, and social fabric of the country, a reality that is difficult to articulate. During Mulayam Singh Yadav's tenure as Chief Minister of Uttar Pradesh, thousands of mosques were constructed in remote villages. Money from Gulf countries was pumped in to foster an atmosphere of hostility and rancour among the peace-loving villagers. No one dared to raise a voice against this blatant highhandedness and the divisive atmosphere created by goonda elements. This trend was continued dutifully by his son, Akhilesh Yadav. This was all done for en bloc Muslim votes for the Samajwadi Party. The Congress did not lag in the exercise of appeasement policy, but it garnered no support from them during elections. The primary strategy for Muslims has been to vote for anyone who can defeat the BJP. Anti- BJP stance is writ large on the faces of Muslims. So, what right could they have to say that the BJP did not field any Muslim candidates in elections?

The reality is that poor Muslims are incited and instigated by politicians against any decision made in the interest of the people by the BJP government. If you ask any Muslim, even in rural areas, about any beneficiary scheme launched by the current government, they will have nothing good to say about them.

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Those waving Rooh Afza are 'baffoons' at best

Some clowns have been seen waving bottles of Rooh Afza sherbet in their hands, more for denouncing Baba Ramdeo of Patanjali than out of their love for the rejuvenating elixir taken in the hot summer. Although it is claimed to be an Unani sherbet, the fact is that it is based on an Arabic-Persian formula. There is no Unani system of medicine, but it is predominantly Ayurvedic that has been adopted by Muslim Hakeems, giving it an Unani name. There is no doubt that the story of Rooh Afza is intertwined with the partition of India in 1947. After the death of its founder, Hakim Abdul Majeed, his sons took over the business. While his eldest son Abdul Hameen chose to stay in India because of the prosperous and flourishing business, the younger one, Mohammad Saeed, moved to Pakistan. In Pakistan, Mohammad Saeed started producing Rooh Afza by setting up a factory in Karachi. He used to dabble in the politics also and went on to become the Governor of Sindh.

This division led to the drink being produced in both countries, and it remains a beloved beverage on both sides of the border. Hakeem- Brothers on both sides fervently spent money on establishing Mosques and Islamic education centres. While in India, Jamia Hamdard University came into existence, the other brother, Hakim Muhammad Saeed of Pakistan, established Madinat-al-Hikmah, the “city of wisdom”, which includes the establishment of Hamdard Laboratories in 1948 and also Hamdard University that was founded in Pakistan in 1985.

Thus, both brothers played a vital role in the partition of India in the company of Muhammad Ali Jinnah, enjoyed the best of both countries. Their communalism knew no bounds; it was pernicious and condemnable by every stretch of consideration.

Coming to these jokers, it is not difficult to say that by showing the bottles of Rooh Afza, they are getting the perverted pleasure of teasing Baba Ramdev, for they might even get some financial gratification from certain sources.

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9Ravindra Tripathi, Rajesh Tripathi and 7 others

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Uncouth Attitude of Tamil Nadu Chief Minister is Against the Basic Structure of the Constitution

The behaviour of Tamil Nadu Chief Minister MK Stalin is often found to be uncouth, indecorous, and uncivilised. He has been generating controversy and turmoil that could be easily avoided. For instance, during Prime Minister Modi's recent visit to Tamil Nadu for official business, Mr. Stalin was absent without a plausible reason. His absence insulted the people of the state more than it did the Prime Minister, especially since he was in Rameshwaram to inaugurate the Pamban bridge, which connects the mainland of the state to the historic religious island.

He and his party claim to uphold the Constitution of India, which emphasises three basic structural doctrines: federalism, judicial review, and fundamental rights. Therefore, it is courteous for Chief Minister Stalin to be present to receive the Prime Minister when he visits the state for governmental purposes. However, his absence in the official functions of Prime Minister demonstrates his arrogance, ignorance, and total disrespect for the Constitution, which he frequently champions.

Secondly, he stirs unnecessary controversy regarding the language issue and attempts to manipulate the sentiments of the state's people concerning Hindi imposition. He overlooks the fact that many residents of the state have been voluntarily learning Hindi due to more job opportunities and mobility outside the state. Moreover, 90 per cent of the Muslim population speaks and understands a blend of Hindi and Urdu. To my knowledge, Telugu, Kannada, and Malayalam speakers living in Tamil Nadu hold no ill will towards Hindi; they not only understand it but also converse in it. Many Tamils believe that Stalin stirs a Hindi controversy that does not genuinely exist. He and his associates also incite disputes about Sanskrit, neglecting that without Sanskrit, no Indian language can maintain a solid foundation.

Most shockingly, the recent controversy surrounding the Indian Rupee symbol arose from his decision to substitute the official ₹ symbol with the Tamil letter "Ru" in promotional materials for the state budget. The original ₹ symbol, designed by D. Udaya Kumar in 2010, combines the Devanagari "Ra" and the Roman "R." Kumar, himself a Tamilian, has expressed pride in his creation. However, narrow-minded MK Stalin may not grasp this.

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The Appointment System of Judges be made Transparent to Checkmate Corruption

 

According to some of the news channels a mountain of currency notes of not less than Rs nine crore were found in the residence of a judge of the Delhi High Court. It is alarmingly shocking, to say the least. It is common knowledge that many judges have been taking facilities from some people during their foreign travels but to find such a big pile of notes from the residence of any judge has been unheard of.

It is a clear case of financial corruption. Quid pro quo cannot be ruled out. Who has given this money for which for obtaining favourable order in which case can be ascertained only after thorough enquiry? If the fire had not broken out in the house of the judge in his absence, possibly secret would not have tumbled out.  What is all the more shocking is that why instead of divesting him of his works pending investigation, he has been transferred to his parent High Court of Allahabad. Indeed, High Court judges cannot be suspended in the conventional sense. However, they can be removed under specific provisions of the Constitution. Articles 124(4) and 217 outline the process for removing judges of the Supreme Court and High Courts, respectively.

The collegium system has always been under the cloud but the constitution bench of five judges did a great disservice by setting aside the NJAC, which was passed unanimously by the Parliament and ratified by 14 State Assemblies. Except for the abstention of Shri Ram Jethmalani, both houses of Parliament were of the unanimous view that that Collegium must be given go by. Only Justice Chelameswar gave his dissenting opinion in the NJAC case.

There is no gainsaying that a transparent system must be evolved for the appointment of High Court and Supreme Court judges to instil the confidence of the public in the judiciary.

Promote Hindi to make it a true National language

How sad it is to see some Parliamentarians and agents of some political parties cutting very sorry figures, who cry from the house tops for the protection and preservation of the constitution of India? They even carry the small sized copy of the constitution to exhibit their loyalty to it.  But in their real life they do contrary to the spirit of the Constitution. Let us take the question of Hindi. Article 351 of the Constitution states that ‘the Union must promote the spread of the Hindi language and to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India. It also emphasizes that Hindi should be enriched by incorporating elements from other Indian languages mentioned in the Eighth Schedule of the Constitution, thereby drawing from the rich and diverse linguistic heritage of India. The goal is to make Hindi a robust language capable of representing the multifaceted culture of the country while ensuring it doesn't replace other regional languages.

    Why this hullaballoo against Hindi by some politicians, particularly belonging to the DMK of Tamil Nadu? This reflects their colossal ignorance of the constitution and their inability to govern the state of Tamil Nadu, where they have come to power by playing on the sentimental issue of language. These politicians forget the fact that people cannot be fooled any longer by creating the fear of imposition of Hindi. Presently, if you travel to any part of Tamil Nadu, you can do your work in Hindi or a simple Urdu. All three parts of Article 343 of the Indian Constitution further declare that Hindi in Devanagari script as the official language of the Union.

  Article 343(2): States that for fifteen years from the commencement of the Constitution (i.e., until January 25, 1965), the English language shall continue to be used for official purposes of the Union.

      Article 343(3): Permits Parliament to provide by law for the continued use of English after the said period of fifteen years.

This article was a significant move in establishing Hindi as the official language. What is surprising is that instead of dispensing with the dependence of English, these politicians fight against Hindi. 

How pathetic it is to see the deplorable condition of Hindi in the Supreme Court of India and many High Courts of the country, where neither judges speak, nor the advocates argue their cases in English. Knowledgeable people make fun of the English that is written and spoken in these temples of justice. Many times, even the judges of the Supreme Court have cursed the incomprehensible judgments of the High Court judges. Several times the Supreme Court has referred them back to the concerned High Courts. The book ‘Courts and Their Judgments’ written by journalist Arun Shourie, exposes the poor knowledge of English of the judges of the High Courts. This buttresses the importance of Hindi, which should be made compulsory for all judicial officers and judges. Therefore, those opposing Hindi will have to eat humble pie.