FORUM

President of India is only Head of State

In other words the President of India alone is “The State”. The Supreme Court of India is not, I repeat NOT, “the State”. The Constitution does not empower the Supreme Court of India to rule over the state. If it chooses to disturb the balance of power and starts a battle with The State, it can be disciplined by The State in no time by resorting to the unconventional methods of running the state. The Constitution makes the President all powerful in essence and the judges serve under a “warrant” granted by the President. The President can withdraw the “Pleasure of the President” in extraordinary situations, irrespective of any dispute that some judge/s might raise in the matter. Impeachment is not the only method to remove an undisciplined judge. The judgement in the governors’ case betrays complete lack of knowledge of the constitution of India and smacks of political leanings of the judge/s. Were the framers of the constitution fools who did not even know what the judges are interpreting or writing in place of the provisions originally made? Can the Supreme Court bring peace and order to any disturbed area in a state or ensure the state government functions according to the constitutional scheme of things or the Governor must do that as a constitutional duty? Why doesn’t the Supreme Court remove this organ if it is so useless, like the tail on human body?

M L Gupta

 

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