Speaker rues ‘unfortunate’ developments in judiciary

Speaker P. Sreeramakrishnan on Tuesday wondered if some of the recent judicial pronouncements will cast a dark shadow on India’s democratic institutions.

Speaking at the district-level diamond jubilee celebrations of the Legislative Assembly, he noted that certain developments in the judiciary were tragic and unfortunate.

“Our Constitution envisages the judiciary as a pillar which will stand firm against any attempt to impose a majoritarian view. But what is happening now should be seriously discussed,” Mr. Sreeramakrishnan said.

He said that everyone was aware of the plight of Dalits in the country. But through a verdict, the judiciary recently weakened a law which was enacted to prevent atrocities against the oppressed sections of society.

When efforts were made to seek an inquiry into the mystery surrounding the death of former Central Bureau of Investigation court judge B.H. Loya, the court found it as an affront to itself. The move to start a discussion on the impeachment of the Chief Justice of India (CJI) was viewed with intolerance. Also, the National Judicial Appointments Commission, designed to replace the system of collegium of judges which appointed judges, was struck down by the judiciary, though it had been ratified by 16 States and had the approval of the President of India.

Mr. Sreeramakrishnan also criticised the alleged attempts by the Union government to weaken pluralist values and the federal structure of democratic institutions.

“Steps such as the implementation of a uniform tax in the form of the Goods and Services Tax, the abolition of the University Grants Commission, will make one wonder if they were unilateral decisions. Efforts are also on to introduce uniform environmental and coastal laws though India’s ecology is very diverse,” he pointed out.

The Speaker claimed that it was the legislature which always protected the interests of the people and democracy and the Kerala Assembly had a unique position among other State legislatures as it always supplemented the symbiotic culture and progressive politics prevalent here.

Former MLAs and Ministers from the district were honoured and M.M. Basheer delivered a lecture in memory of C.H. Mohammed Koya, former Chief Minister and Indian Union Muslim League leader.