The unkindest cut

Democracy is about freedom. But it is also about restraint. It is the balance that is critical. True, democracy is about politicizing issues, but when it starts politicizing institutions we must sense danger lurking round the corner. The impeachment motion against the Chief Justice of India was one such act of politicization of an institution that needs to be kept outside the purview of petty and murky politics. That it was politically motivated cannot be emphasized and it does threaten judicial independence. It is easy to cast aspersions at institutions but before taking any drastic step what is important is to assess the long term impact such a move can have. This, of course, will arise only if there is concern for the long term and not when everyone is out for quick gains. Particularly those in politics. Gone are the days of the statesmen who thought of the next generation. These are the times of the demagogues who think of next election. Well, Bernard Shaw must be given due credit for his observation that politics is the last refuge of scoundrels. In fact, given the contemporary scenario it needs to be pondered whether politics is not the first refuge. But that is the subject matter of a big debate. However, there is a story about the time Obama was running for senator’s position for the first time. In the course of his campaign he encountered a well-meaning American who advised him that since he appeared to be a decent guy, there was no need for him to delve into something as dirty as politics. Nevertheless, coming to the removal motion moved by members of the seven opposition parties in the upper house, it needs to be discussed and debated whether it was at all called for. From the point of view of the common man, the move could be linked to what Mark Antony said about the wound inflicted on Caesar by Brutus- the Unkindest Cut. This is how Shakespeare reveals Antony’s mind — “this was the unkindest cut of all”. Brutus was Caesar’s friend and his strike hurt Caesar the most. The Supreme Court represents the last post of civil liberty for the Indian people and any kind of damage to such an institution may cause more harm than good. Prudence demands that we withdraw from such kind of brinkmanship and desist from remedies that are worse than the malaise. When the Executive and the Legislature go haywire it is the judiciary that provides the only ray of hope. Surmises and wild allegations are for the public discourse and politics cannot be allowed to sink to such level that institutions that safeguard the constitutions are drowned with it. We owe to the Supreme Court in great measure that the Indian Democracy has been able to face the vagaries of politics. There is need to rethink how to ensure that political interests do not override national interests. Disagreements with judgements do arise and there may be reasons for dissatisfaction and heartburn. But does that justify such drastic steps? The rising number of court cases is an expression of faith people still repose in the institution. The Supreme Court is the creation of constitution and not the government. Trying to bruise the institution to browbeat the government is not in good taste. Nor does it help the cause that is being proclaimed to be served. Democratic values must be upheld and the political class must follow Rajdharma.

Pathak is a professor of management, writer, and an acclaimed public speaker. He can be reached at ppathak.ism@gmail.com