It is one of the most ill advised decisions of the government to send a Presidential reference to the Supreme Court of India on 2G spectrum auction. It is no less a mockery of the judiciary than the return of the death warrant by the jail superintendent in Punjab. If officials act independent of the constitution of India, democracy itself is in danger. What should people repose their trust in: legislature, executive, judiciary, media or the last defence of rule of law-the defence forces? What remains un-mauled in the past 8 years of rule by remote control through the incumbent Prime Minister only a titular authority? This reference is nothing more than flippancy of an obdurate clique that refuses to respect the law and bullies all other institutions to pursue its hidden agenda- power at any cost, power even at the cost of the country. Some of them showed their teeth in the recently held elections to the Uttar Pradesh Assembly, due to which Salman Rushdie was not allowed to even attend a Literary Festival ! Unfortunately for them, UP was lost for them once again. These tricks just don’t work. But they refuse to learn, reform their ways or care for the citizens. Their arrogance comes from their other sources of income such as profits from business, honorarium from company directorship, fees from consultancy or legal practice or medical profession or even trade in politics.
Who is responsible for the loss of billions of dollars to the exchequer and windfall profits to private corporations excepting the government? Government in a cabinet form of government means the cabinet and not the individual minister. The same cabinet that has decided to make the Presidential reference is responsible for the loss of 176000 crore rupees estimated by the highest constitutional authority responsible for accounts & audit i.e. the CAG (Comptroller & Auditor General). It happened because the Cabinet failed to stop it; it happened because the Prime Minister failed to stop it; it didn’t happen solely because of one man, the minister in charge, who is in jail. If the minister is held responsible, the PM is fully responsible, as also is the cabinet. It is always collective responsibility and not individual responsibility. Perhaps, others were controlling issue of 2G licences from a safe distance by remote contraption! Why else are they so keen to challenge the Supreme Court decision, which has been welcomed by the whole country. Why not make recoveries from the beneficiaries of illegitimate money and return it to the corporate, which will be too happy to bid at the auction for licences as per the court order? But the operators want to squeeze both the system and the corporate to fill their chests and vaults. The touted repercussions are fiction only. If the corporate get their money back and a fair deal, they will never be on the wrong side of the law. The government though, not only wants the court to take “decisions” on its behalf but also “execute” them. Strange is the form of Indian government !
The reference pushers are only delaying execution of the court orders with ulterior motives. Manmohan Singh will not be the Prime Minister of India in May 2014. That will change many things, not barring the composition of the Bench, Court or statute. At least funding elections will be easy. They know that the Supreme Court is under no obligation to answer the Presidential Reference-it may simply return it as in the past in other similar situations.
Taking liberties with the law is not uncommon in the country. The Speaker in some states certified certain critical Bills as “Money Bill” in order to save it from certain defeat in the state upper House/Vidhan Parishad. It is the responsibility of the Speaker to endorse on a Bill whether it is a money bill, but it has been used as his “power” and wrongly used to record such a certificate even when a certain Bill was not a money bill. Similar instances of misuse of power relates to include a Bill in the IX Schedule of the Constitution. Bills in this schedule cannot be challenged in the court. In other cases, legislation can be reviewed by the court and even struck down if found contravening the constitution. Some legislations, in complete violation of the spirit of the constitution and its basic framework, have been included in the IX schedule, thereby inflicting a grievous injury on the constitutional democracy in India. This Presidential Reference is inching in that direction only. Shooting from the shoulders of the corporate, it harms everyone- the people, the corporate and the system.
The Government instead must execute the court order in 2G case sincerely. If the corrupt lobbies are allowed to have their way, the country, people and the corporate all will lose. Are the Indian corporate as respected as in America? Why? It is so because they have no patents, no trade marks to the credit excepting conduits for corrupt money to the politicians. 2G, which was just the beginning, has exposed many more such unlawful activities, money laundering , drug and crime money. How many Presidential References shall the government make? It shall tire drafting such references, but scandals will keep on surfacing. After all, this UPA regime has been the best ever in the whole history of India for the virus of corruption to spread ubiquitously..