Site icon Clarion India

Time for Courts to Realize That Democracy in India is Being Destroyed: Kapil Sibal

Congress Leader Kapil Sibal

Clarion India

NEW DELHI – Senior Congress leader and Supreme Court advocate Kapil Sibal said that we are in a time when the democracy in India is slowly being destroyed through political tools and it is about time the Courts realize this.

Sibal was speaking at the webinar organised by CAN Foundation on, “Constitution and the Times: Four Decades of my Professional journey,” reported barandbench.com.

Pointing to the influence of the excutive on the judiciary, Sibal said that the times have changed and we are at a stage where the political class no longer needs amendments made to the Constitution to destroy democracy.

Touching upon contemporary issues like political defections, toppling of governments, curbing of fundamental rights of people in places like Jammu & Kashmir, or even encounters by the Police, Sibal said that democracy is slowly being destroyed through political tools.

“I think it’s time for Courts to realise that slowly and slowly, democracy is being destroyed in India through political tools, whether it’s using tenth schedule to their advantage or to topple governments or these encounters or spreading fear in a section of the community.”

Reminiscing about working with legal luminary Nani Palkhivala, the Senior Advocate said that before the Kesavananada Bharati judgment, the Court appeared to be set to give the power to amend the Constitution to the Parliament.

Palkhivala “saved democracy” and it was after this judgment that the Basic Structure doctrine came into being in the absence of which the authoritarian mindset could have led to the destruction of democracy in the years to come.

“These are tools to destroy the equanimity of India. These are tools to destroy the conscience of our Constitution, these are tools to destroy the future of our children. I think Courts must recognise this fact and take up matters suo motu.”

The Former Union Minister was also asked about the role of the media in the current times to which Sibal said that what was being exercised by the media is not “Free speech but rather commercial speech”.

The “assertive nationalism” demonstrated by the media personnel particularly on TV News is backed by “big bucks” and this needs to be viewed as such, Sibal said. The Courts need to be cognizant of this development, Sibal added.

Juxtaposed against the “commercial speech” of the media, there are people in the region of Jammu and Kashmir, who are denied their fundamental rights by way of curbs on internet services in the region. Saying that he has strong views on this, Sibal said that the citizens of this country cannot be treated differently.

“You can’t treat your citizens differently as long as you recognise them as your citizens… You can’t, for millions of people, say that they are not entitled to their fundamental rights and I think it is unfortunate that even a judgment of the Supreme Court is not being implemented.” Kapil Sibal on the internet restrictions in J&K.

Sibal also expressed his reservations against the growing trend of encounters being carried out in the country and their glorification by a certain section of the media.

The Senior Advocate went on to express disappointment over the fact that the Courts have not “come down heavily” on the authorities in light of the encounters, the recent example of which was the killing of gangster Vikas Dubey by the Uttar Pradesh police, which is alleged to be a fake encounter by a section of the people.

“How can a democracy governed by rule of law ever accept encounter as a valid tool for doing justice… I think it is the most barbaric way. Then how are you different from a country that cuts off your arms for stealing?” Kapil Sibal on Vikas Dubey encounter.
Even the most hardened criminal has a right to legal representation before authorities and Courts. There could not be a bigger example to manifest this principle than the Ajmal Kasab case, Sibal said. What the terrorist did in India was for everyone to see and yet the government appointed a lawyer to defend this criminal, Sibal pointed out.
Exit mobile version