Opposition is only doing its job by questioning judiciary
At a time when our institutions are going down like ninepins, the latest clamour from senior ministers in the government and those sympathetic to them, as well as "neutral" observers is that the Opposition should give up the business of opposing entirely.
The fury of commentators on the Opposition parties' attempt to move a motion to impeach chief justice of India (CJI), Dipak Misra, is the latest example of this phenomenon.
Those terming this as a move that will erode confidence of the general public in the judicial system, or more clearly, in the moral rectitude of the lordships in the Supreme Court need to remember that it was a group of four such eminences - justice Jasti Chelameswar, Justice Ranjan Gogoi, Justice Madan Lokur and Justice Kurian Joseph - who felt compelled to speak to the press on January 12, 2018, against Misra, who they felt had been compromised and was not in a position to discharge his duties without fear or favour.
But the slide in the trust that the general public reposes in the judiciary did not begin with the historic "four judges' press conference". This slide perhaps existed since people started realising that irrespective of the quality of the judges, a judicial system that is heavily loaded in favour of the rich and influential cannot be relied upon to dispense justice. A popular or progressive judgment here or there cannot undo the frustration that ordinary people face with the judicial system.
Dr Kafeel Khan, made scapegoat in the Gorakhpur tragedy where 63 children died due to lack of oxygen in a government hospital could not secure bail for eight months, while others in the administration, as well as the oxygen suppliers, seem to have evaded all accountability.
One important aspect is that the public accepts the fact that the courts cannot by themselves step in every time the administration and prosecuting agencies - willingly or unwittingly - fail in their duties.
This provides the lordships a certain degree of protection from the anger of people. They understand the reality of judicial processes which was best summed up by judge Sundar Lal Tripathi in the popular Bollywood film Jolly LLB when Tripathi lamented that even when the judge knows what is going on, his hands are tied till foolproof evidence is produced before him in court.
But public trust is shattered when doubts are raised over the CJI's conduct. It is no doubt unfortunate and jeopardises the judiciary as an institution but to demand that opposing voices in politics, media and civil society do nothing in the face of such allegations is to bury one's head in the sand.
If one were to go by finance minister Arun Jaitley's recent views, the Opposition parties should not be demanding accountability of the government in Parliament either. On March 13, 2018, during the Budget session that just passed, Lok Sabha speaker, Sumitra Mahajan, who ensured that two finance bills and 218 amendments were passed without debate in 30 minutes, was unable to admit a no-confidence motion against the government because she could not count the number of representations amid the cacophony in the House.
The Lok Sabha and the Supreme Court, of course, join the Reserve Bank of India, in the growing list of institutions that have come under a cloud of doubt. Our institutions have been unable to withstand a government with authoritarian tendencies, and while they may have had internal weaknesses for long, the miraculous ability of most institutions in our country has been one to muddle along, making incremental progress. In one fell swoop, some of our most important institutions have collapsed, with no recovery in sight.
Most of us today accept that these institutions are broken, but there is little consensus on what will fix them. Here is what will not fix them - not questioning their functioning. These institutions are supposed to check the excesses of the government of the day.
In a highly politicised society like ours, while there will always be a role for non-political actors, it will take the will of the political class to mount a strong opposition to ensure established institutions do not fail.
Finally, it is crucial to remember that this discussion is framed in terms of the government and the Opposition, irrespective of which political party happens to occupy power and which one occupies the Opposition benches.
The call to "save the Constitution" is a timely one, because by upholding the Constitution in its letter and spirit, we will not be favouring any particular party, but democracy itself. The Opposition, by no means, should give up opposing. At the same time, one should not lower their guard when the political tables are turned. As we must know, eternal vigilance is the price of democracy.