It is not often that courts stop an elected leader of a nation in his or her tracks. It has rarely happened – it happened in India once – but this was more of an exception than a rule. British Prime Minister Boris Johnson is hugely embarrassed by a Supreme Court decision on Tuesday upturning his recommendation to the Queen to suspend Parliament for five weeks until October 14. The PM’s move had raised protests from the Opposition and a legal battle followed. The PM, now in New York to attend the UN General Assembly, took a major hit vis-à-vis his future plans at a time when just weeks are left before Britons reach the deadline for a much-debated Brexit set for October 31. Calls have mounted for his resignation.
Brexit remained a contentious issue for the nation for years, leading to embarrassing situations and exit of governments in recent years. Britons took to the European Union, a trans-nation European alliance formed in 1993 with fanfare, but later found it was disadvantageous to the nation. Hence, the Brexit call. But this was a contentious issue at best. Theresa May as Prime Minister faced embarrassments and exited earlier this year and Boris Johnson assumed power with a promise to effect Brexit in three months’ time. Time is now running out for him.
The Supreme Court decision came after a legal battle over Johnson’s decision – through the Sessions Court in Scotland, which termed the PM’s decision illegal; then the High Court which ruled that it was not for courts to take a call; and finally the present decision of the top court. Confusion is confounded now, and anxiety levels among Britons reached a new high.
Courts have their jurisdiction and importance. At the same time, elected government and its leader have their greatness too. Both sides are duty-bound to respect the other side. Governments will have to respect court verdicts; at the same time, courts have to keep the national interests uppermost in their minds. An embarrassment to the nation must be avoided at all cost.
Indira Gandhi refused to oblige a court order disqualifying her election, and imposed Emergency to circumvent the law and carry on with governance in 1975. Two years later, when she lifted the Emergency and called for elections, she faced defeat and humiliation. For both courts and governments, a sense of balance is important. Both would be well-advised to keep the interests of the nation supreme. It has been so in most respects. It should remain so.