'Hindutva a way of life judgement' made political discourse lopsided: Manmohan Singh
New Delhi, Sep 25 : Faulting the "famous but controversial" 'Hindutva is a way of life' judgement of late Justice J.S. Verma of the Supreme Court in the 1990s, former Prime Minister Manmohan Singh on Tuesday said the judiciary as an institution should never lose sight of its primary duty to protect the secular spirit of the Constitution.
This task, he said, has become much more demanding than before because the political disputes and electoral battles were increasingly getting overlaced with religious overtones, symbols, myths and prejudices.
Singh was delivering the 2nd memorial lecture of the late Communist leader A.B. Bardhan on "Defence of Secularism and Constitution".
The former Prime Minister criticised Verma's judgment suggesting it virtually disturbed "a kind of constitutional sanity" that was restored in the country's political discourse through the Bommai judgment in which a nine-judge bench of Supreme Court found an opportunity to reaffirm that secularism was a basic structure of the Constitution.
He said Justice Verma's verdict had a "decisive impact" on the ongoing debate among political parties about the principles and practices of secularism in the Republic.
"The judgment ended up making our political discourse somewhat lopsided; and, many believe that 'there can be no doubt that the decision requires to be overruled'," Singh said.
He said no constitutional arrangement can be protected and preserved only by the judiciary, however, vigilant or enlightened the judges may be.
"Ultimately, it comes down to the political leadership, civil society, religious leaders and intelligentsia to defend the Constitution and its secular commitments. It is necessary to remind ourselves that the framers of the Constitution in their wisdom had conceived this secular order as part of a larger, greater egalitarian polity."
Describing the demolition of the Babri Masjid as a traumatic event bringing into disrepute India's secular commitments, Singh said the entire political leadership too came in for criticism for failing to protect a place of worship.
"In particular, concerned citizens were deeply disappointed at the judiciary's stance in the events leading upto the demolition," he said.
The former Prime Minister said the country should unambiguously clear that any attempt to weaken the secular fabric of the Republic would be an attempt to dismantle the larger egalitarian project -- a secular, progressive democratic polity.
The judiciary needs to arrive at its own enlightened view of its custodianship of the Constitution irrespective of the irresponsible and selfish politicians who have no qualms in injecting communal virus in the body politic, he said.
The same expectation must also be voiced in regard to the armed forces which are a splendid embodiment of the secular project.
"Our armed forces have a glorious record of keeping away from the politicians' manipulations and intrigues. It is vitally important that the armed forces remain uncontaminated from any sectarian appeal."
Stressing on the role of Election Commission in preserving the secular fabric, Singh said it was incumbent upon the poll panel to see that the religion and religious sentiments and prejudices do not get overworked into the election discourse.
He said the media as a democratic institution was an equal partner in upholding secularism both in letter and spirit.
CPI General Secretary S. Sudhakar Reddy said the very idea of a secular and pluralist India tolerant of all sex and religion was under severe threat under the Modi government.
He said there has been serious attacks targeted at turning the secular India into a Hindu Rashtra, tearing off the statutes of the Constitution that oppose the moves or changing the Constitution itself.
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BCI urges CJI to take action against Andhra HC judge for sending young lawyer to 24-hour custody
New Delhi (PTI): The Bar Council of India on Wednesday sought the urgent intervention of Chief Justice of India Surya Kant following a "deeply disturbing" incident where a judge of the Andhra Pradesh High Court reportedly sent a young advocate to
24-hour judicial custody over a procedural lapse.
The Bar Council of India (BCI) Chairperson and senior advocate Manan Kumar Mishra, in a formal representation, termed the conduct of Justice Tarlada Rajasekhar Rao "grossly inappropriate" and "damaging to the confidence of the Bar".
“I most respectfully request your Lordship to kindly take immediate institutional cognizance of the matter and call for the video recording of the proceedings, the order passed, and the surrounding circumstances.
“I further request that appropriate administrative action may kindly be considered, including withdrawal of judicial work from the learned Judge pending review, his immediate transfer to some far off High Court, and his nomination for appropriate judicial training/orientation on court management, judicial temperament, Bar-Bench relations, and proportional exercise of contempt/judicial authority,” Mishra wrote.
This representation is made to preserve the “dignity, moral authority and public confidence of the judiciary”, he said, adding, “Judges command the highest respect not by fear, but by fairness, patience, restraint and constitutional humility”.
The communication urged the CJI to intervene at the earliest to ensure that the faith of Bar, particularly young advocates, in the protective and corrective role of the judiciary is restored.
The controversy stems from proceedings on May 5.
According to the BCI, a video circulating online shows Justice Rao rebuking a young advocate who was unable to produce a specific order copy during a hearing.
The letter said that despite the advocate "repeatedly seeking pardon and mercy" and claiming he was in physical pain, the judge remained "unmoved".
The judge allegedly told the lawyer, "now you will learn," and mocked his experience before directing the Registrar and police personnel to take him into custody for 24 hours.
The BCI chairperson said that the judge’s actions lacked proportionality and fairness.
"The dignity of the court is not enhanced when a lawyer is made to beg for grace in open court and is still sent to custody for a procedural lapse," the letter said.
"A young lawyer... is an officer of the Court, still learning, still growing, and entitled to correction without humiliation," it added.
The bar body said that such actions create a "chilling effect" on the legal fraternity, particularly among junior members, and undermine the mutual respect required between the Bench and the Bar.
