- One of the most heartening aspects of the Indian Constitution is the mandated rights applicable to every citizen of the country irrespective of caste, creed, class, religion, ethnicity, and linguistic choices. Each arm of the Constitution, viz., the legislature, the executive, and the judiciary, is tasked with upholding the mandate as delineated by our constituent assembly members and forefathers after attaining independence. As you know, the Constitution has undergone several amendments over the years, but the basic tenet remains untouched. The Supreme Court assiduously guards the sanctity of the Constitution by interpreting the laws enacted within the boundaries. The higher judiciary deserves a huge shout-out for this purpose alone.
PC: ThePrint
- However, the legislature and the executive often endeavours to usher in laws that may not be in line with the Constitutionally guaranteed rights leading to the judiciary stepping in to address the anomaly. Thus, the moniker judicial activism gains currency whenever the SC steps in and beyond on matters within the realm of the executive and the legislature. Take for instance how the SC set the right to reverse the opposition Bihar MLA’s expulsion for parodying CM Nitish Kumar. Mind you, the best antidote to a bad joke is a good joke. The top court’s judgment reversing the expulsion of a Bihar legislator is not just correct but also has a wider application. Hopefully, this should set right the increasingly unyielding actions of the powers that be.
PC: LiveLaw
- In 2024, as assembly ethics committee expelled RJD politician and opposition chief whip Sunil Kumar Singh from the chamber for allegedly imitating and parodying Bihar CM. SC ruled the decision to expel was highly excessive and disproportionate. Its observation that the penalty is not a tool for retribution is relevant not just in the current judicial context, but across politics and governments. That Singh stayed expelled for seven months was extraordinary. So long was his absence that the Election Commission was even set to organize a bypoll for electing a new member. SC quashed this notification too. It also said Singh’s remarks were abhorrent and unbecoming of a member of the council.
PC: LiveLaw
- It is true that crudity of a certain kind is increasingly popular in political discourse of late. The lowering of standards is evident from Parliament to assemblies. Grievously and genuinely offensive remarks, often far worse than those allegedly made by the Bihar MLA, are made in assemblies across the country, without an eyebrow raised. That’s why hardly any legislator has ever been pulled up for making the worst kind of remarks against women. Sadly, wit is an art long lost in politics. From good-natured ribbing to sharp satire to hilarious takedowns, fellow politicians, cartoonists, and caricaturists are expected to be unsparing of politicians. Come to think of it, a good joke at the cost of your political rival is the sweetest revenge.
