Bookmark: Legal Treat For Inquistive Minds
|Supreme Court asserts as conscience keeper of the Constitution of India, Universal law publishers; 2014
edition, Rs 695, Pp 557
The book ‘Supreme Court asserts as conscience keeper of the constitution of India’ by Shri S.N. Aggarwal, Judge, Punjab and Haryana High Court is another book from his reservoir of intellect which comprehensively lies down, discusses and explains the landmark judgments of the Apex Court in dealing with the menace of corruption, the reforms in the electoral process and in quashing the illegal acts of the executive.
The book puts all the important issues settled and put to rest by the Supreme Court of India-be it the issue of the black money or the issue of 2G Spectum case.
|The book puts all the important issues settled and put to rest by the Supreme Court of India—be it the issue of the black money or the issue of 2G Spectum case|
The entire world is witnessing turbulent times when people of the countries have become restless at their helplessness against a corrupt and indifferent system of Government. Corruption has become the ruling mantra. These reverberations can be felt with frequent jolts in India also.
With 60 per cent population below the age of 50 years, the youthful and vibrant India is revolting against a corrupt system which has failed to respond to their genuine grievances over a long period of time, hence hitting the tipping point.
Corrupt, none working and fractionalised legislature, silent and mute executive remote controlled by extra constitutional authorities, inimical, unfriendly, inefficient and deeply politicised bureaucracy and police system have caused a sense of helplessness and despair in the millions of people of India. But with the change in the country’s climate, these helpless people have one source of hope i.e. from the judiciary specially the Supreme Court of India.
The Apex Court equally disturbed by the non-performing Parliament and mute executive has being playing an activist role to uphold the letter and spirit of the Constitution of India.
The book provides detailed information on the judgment of declaration of sub-section 4 of Section 8 of Representation of People Act as ultra vires due to which Shri Lalu Prasad Yadav, Ex. Chief Minister of Bihar and a former Union Minister had to resign from Parliament.
To restore accountability at the highest level in the Government, the Apex Court held that any permission from the competent authority for prosecuting a public servant has to be given in three months in a petition filed by Dr. Subramaniyam Swamy.
It further explains the ratio of the judgment in the People’s Union for Civil Liberties (PUCL) case in which we the voters have been provided with the option of NOTA (None of the Above) in EVMS.
In another such judgment dealing with electoral reforms, in a case filed by Dr. Subramanyam Swamy, the Election Commissioner was directed to implement VVPAT (Voter Verified Paper Audit Trail) in general election of 2014 in a phased manner so that the voter actually got to know the candidates they have voted for.
TSR Subramanyam filed a petition in which directions were issued by the Apex Court for preserving the fearlessness, integrity and independence of the Civil Servants.
Supreme Court also held that Right of a voter to know about the candidates contesting in the election is his Fundamental Right, and hence the candidates had to furnish complete details in their Affidavits.
The said book shows Supreme Court not only as the conscience keeper of the Constitution of India but also as a living institution which has been responding to the genuine voices of the people airing their legal grievances and hence has gone an extra mile to provide dignity of life to the individual, making the state more accountable and responsive and creating a better country for the future generations to come.
Needless to say that the Apex Court has been doing it not by transgressing its authority but by making optimum use of its power to interpret the provisions of the Constitution of India in a manner to serve the cause of justice.
This book is a must read for all the inquisitive minds who have adorned their activist robes and want to change the system by legal means.
-Monika Arora (The writer is a lawyer of the Supreme Court of India)