Supreme court which is one of the 3 pillars on which democracy is reposing. In elections 2019, SC played its part well as a guardian of the Constitution and corrected the loopholes that our polity was going through in functioning, in 2019. The problem arises when the said constitutional functionaries fail to perform their functions in a just and fair manner.
One of the worries in Indian polity is the functioning of governors, speakers with there limited functional power’s, there are mostly apolitical proxies. With the word ‘apolitical proxies’, I mean, they are slaves of there masters. Governors, speakers sing the song of the party they represent before becoming governor. Maybe its a flaw in our constitution, but our forefathers very foresightedly gave the power to the supreme court, as a watchdog of the constitution.
The Questionable Functioning of Governors, Speakers
In the states in which questionable decisions are taken by governors, speakers are Jammu and Kashmir, Karnataka, Maharastra. In Karnataka, former Karnataka assembly speaker K.R. Ramesh Kumar to disqualify 17 rebel Congress-Janata Dal (Secular) legislators for defection was challenged in the supreme court. The former speaker K.R Ramesh Kumar having disqualified the MLA’s due to defection (Disobaying party whip) tried to shun the disqualified MLA from contesting by-poll. But by SC coming into the schene, knowingly gave a decision in favor of people. Made the people decide the political future of disqualified MLA’s.Showing the legislature, that people are supreme.
In Maharashtra, the petition was filed by shiv-sena regarding the floor test, the SC requested the governor to perform floor test as soon as possible, with a pro-term speaker at the helm and to be telecasted live. The SC read the Maharastra situation well, the secretive practices were kept at bay and clear transparency was employed by SC. The petition filed to declare the formation of Maharashtra Government by the Maha Vikas Aghadi alliance of Shiv Sena-Nationalist Congress Party- Congress as ‘unconstitutional’ was struck down by calling “Political Morality is different from Constitutional Morality”.Insightful and just clearing the quagmire in politics of Maharastra.
Similarly in Jammu and Kashmir, also the governor’s roles have a constitutional functionary has been questionable, which was further resolved by placing a president’s rule.
I conclude, the unsung hero of 2019 is our Supreme Court which gave some excellent decisions which installed our faith in democracy.