Your Right, My Plight, Soft State and Judicial Executivism

The constitution of India guarantees to its citizens certain Fundamental Rights through Articles 12-35. Article 19 – Right to Freedom has wide scope which contains Freedom of Assembly. Every citizen has the right to assemble peaceably and without arms. It includes right to hold public meetings, demonstrations and take out processions. This provision however does not protect violent, disorderly, riotous assemblies, or one that causes breach of public peace or one that involves arms. This right does not include right to strike.

The limitations have been clearly outlined as extreme exercise of the right can lead to breach of Fundamental Rights of other citizens and to deal with it government has put in a mechanism through certain laws mentioned below:
Under section 144 of Criminal Procedure Code (1973), a magistrate can restrain an assembly, meeting or procession if there is a risk of obstruction, annoyance or danger to human life, health or safety or a disturbance of the public tranquility or a riot or any affray.
Under section 141 of the Indian Penal Code, an assembly of five or more persons becomes unlawful if the object is to threaten government or its officials on exercising lawful powers.

Though the legal framework is particularly sound, its enforcement has not been adequate. Jat agitations and Gujjar agitations (just to name a few) have caused huge losses to the state exchequer . Policing functions lie under the control of state government so it is the duty of the state government to keep a check on these agitations but the reality is completely different, the populist political head incharge of the state government instead watches silently and even support these agitationsin some cases due to fear of vote bank loss. But what about the rights of those groups who are not strong enough? Those in power are wise enough to use the laws selectively, as was in the case of midnight crakdown at Ramlila maidan (not that I support baba Ramdev).

Executive inaction/ misaction leading to a soft state leaves the arena open for judiciary to step in and direct the state to take adequate measures. This leads to tension between the government and the judiciary. Government and some sections of conservative intelligentsiaquestion the usurpation of executive functions by the judiciary. This phenomena is not good for a parliamentary democracy as executive functions are meant to be exercised by the elected representative and not the judiciary but there is noting less judiciary can do about it either.

A probable solution could be a law that calls for proper implementation of the existing laws. (I am not serious)

The Unusual suspects: Presidential race or Prime Ministerial race ?

The elections for selecting the 13th President of India would take place on 19 July 2012. News sources have kept us updated of every minute backroom political arithmetics. There have been political gives from the Congress in the hope of gets, most notably the recent financial aid to West Bengal and the election of Dimple Yadav uncontested to a Lok Sabha seat. What is Congress expecting now - support from Mulayam and Didi for their presidential candidate - Pranab Mukherjee. 

Why Pranab Mukherjee? Has his political career come to an end? Is he of no political value to congress anymore? If the reason was to handpick a candidate whose heart and soul would be with congress even after election as President, why not anyone else ? The reason is to get Pranab Mukherjee out of the frame for 2014.

In 2014, the general elections to Lok Sabha will take place. Lets see who could be the Prime Ministerial choice in the event of congress coming to power again. 

Sonia Gandhi - no, she likes authority without responsibility.

MMS - nah, surely not again.

P.Chi - are you kidding me ?

Kap.Si. - bad joke, isn't it ?

So only Pranab Mukherjee and Rahul Gandhi left. While the achievements of Rahul Gandhi are being the scion and keeping himself free of controversy by keeping his opinion to himself; Pranab Mukherjee is probably the only leader of note Congress is left with now. With long political career, huge experience and a sound image (and there are a lot more qualities) he would be an ideal candidate for the post of PM. 

Problem: Right then, the thorn to the throne is Pranab. Lets get him out of the way.

Solution: Make him the president. Saap bhi mar jayega aur lathi bhi nahi tutegi.