A Creditable Precedent
Dr Asangba Tzüdir
The almost ‘opposition-less’ government at the Centre has recently hit couple of major setbacks through pronouncements made by the Supreme Court of India which is the highest judicial forum and the final court of appeal under the Constitution of India. The first was the ‘landmark’ judgment that the Indian Army cannot use ‘excessive force’ in its ‘counter-insurgency’ operations in areas declared disturbed making its stand clear that “there is no concept of absolute immunity from trial by a criminal court” if any Army commits an offence. The second is the restoration of Congress govt. in Arunachal Pradesh by the Supreme Court directing the restoration of the status quo ante and subsequently quashing the President’s rule imposed in the state and all the decisions taken by the governor leading to its imposition including the decision to advance the session of the state assembly terming the move as violative of the Indian Constitution.
The pinching effect on the Army in the light of Human Rights violations was followed by the more piercing effect on the PM Modi led govt and a big jolt to BJP though it may try to put up a hideous ‘brave face’ in the wake of restoration of the congress govt in Arunachal Pradesh. The verdict has definitely put a strong case and a check on the ‘misuse’ of power when it comes to constitutional and democratic ethos.
The worst fear for any citizen of a nation is the ‘politically’ driven ‘state of lawlessness’ and the failure of democracy; and the decisions taken by the apex Supreme Court has, in the right spirit of the term, uphold the values of democracy and the Indian Constitution. Such judgments can indeed be lauded as a victory for democracy and deliverance of justice thereby reclaiming the status of real democracy and constitutional values. In so doing, it has not only stood by the supremacy of the Constitution but also prevented the ‘rule of authority’ by any single ‘opposition-less’ party in a democratic country. For now, the Supreme Court has set a very creditable precedent.
As for Nagaland government, which is also in the ‘opposition-less’ fold, needs to draw serious lessons as it goes through a comical spectacle of a tragic kind. It has reached a stage where the public cannot afford to stay as silent spectators especially when the state seemingly becomes ‘anti-people.’ Within such predicament, the worst will be its own citizens becoming an ‘enemy’ of the state. Thereby, the state is pressed upon to work towards reclaiming ‘democracy for all’ and ‘justice’ for those denied. There are greater risks and impending danger within the ‘opposition-less’ government. Having reached tolerance limits, the voices of the people are becoming loud and clear.
(Dr. Asangba Tzüdir is Editor with Heritage Publishing House. He contributes a weekly guest editorial to the Morung Express. Comments can be mailed to asangtz@gmail.com)
