Parliament as Supreme

As the nation continues the debate on judicial overreach into the powers of the executive and parliament, what’s obvious is a crisis of confidence in the system as a whole. The recent pronouncements of the Supreme Court, vis-à-vis the powers of governors and the President, led to the present discussions. Vice President Jagdeep Dhankar, who opted to bell the cat when everyone else prevaricated, deserves praise. It’s through discussions and debate that sane decisions are arrived at. It runs a course of thesis, antithesis, synthesis.
Obviously, the apex court itself has taken note of Dhankar’s statements and avoided asserting its authority further. The Chief Justice’s remark while hearing a case from West Bengal that, “we are alleged to have” done (wrong) is pregnant with meaning as to how the judiciary found itself on the defensive. Dhankar stresses that the parliament is as supreme as the people that elected its members; and a shade above the judiciary or the executive — the other two powerful arms of the establishment. This should be so. The president and the prime minister are elected representatives of the people and they lead the nation from the front. As long as there’s a configuration of views between these two mighty entities, based on the will of the elected parliament, the rest should follow as per their will. However, there are issues here too. If these two leaders, collectively or separately, act as dictators with no regard for Constitutional niceties, it could create an embarrassing situation. There has been no face-off between the president and prime minister so far. The judiciary has all along been acting in a manner where it avoided taking liberties in its dealings with the president or the prime minister. The 1975 order by the Allahabad high court setting aside the election of then prime minister Indira Gandhi and the subsequent imposition of Emergency was an exception. The HC order, widely appreciated, changed the course of politics in this nation. The 1977 general election led to a course correction.
All the same, it is advisable that each side minds its own business and provides space for the other arms of the establishment to function smoothly. The President and Prime Minister embody the will of the nation and Parliament reflects the will of the people. As long as elections are free and fair they have every right to hold the fort. With due regard to the Constitution, they must be allowed to have their way. This, though, is also time for them to introspect as to whether delaying their decisions on important matters is not tantamount to subverting the system itself. This is applicable to the judiciary as well, as also to the bureaucracy, which all seem to be specializing in the art of dragging on. This slows down the process of governance, leads to time and cost overruns and undercuts the nation’s progress.