THE Supreme Court of India often takes action which shows judicial wisdom. It may be recalled that about a year ago it set aside a Gauhati High Court verdict which totally emasculated the Central Bureau of Investigation (CBI). After 25 years of controversy, a constitutional bench of the apex court has given the CBI freedom to proceed against senior officials of the rank of joint secretary and above if they are found implicated in graft cases. The decision has corrected a fault in the existing legislation-Section 6A of the Delhi Special Policemen Act. This section was often used to protect senior IAS officers by their political bosses. In future, the CBI will not need government sanction to look into the alleged corruption of members of the IAS in high places. The Supreme Court has rightly invoked Article 14 (right to equality) of the Constitution. It renders null and void a law that shields officials under scanner. The CBI will now be in a position to discharge its functions untrammeled by political interference. This has special relevance to its role in uncovering the Saradha scam. It has to be admitted, however, that the SC decision is mum on the protection of bureaucrats harassed on grounds of trumped-up or trivial accusations. The senior officials are also entitled to safeguards as the CBI can sometimes go astray in interpreting policy.
The SC should be complimented also for delivering a liberal judgement preventing states from imposing their official language as the medium of instruction in private and unaided primary schools. These minority institutions should have the right of choice. Urbanization and migration have necessitated putting the emphasis on the rights of linguistic minorities to ensure the growth of a healthy democracy.
