With the Lok Sabha elections having reached their conclusion, it is now hoped that the political parties that have joined hands with the BJP will see to it that the guarantees enshrined in the Constitution are safeguarded. (PTI)
Elections come and go, as has the general election of 2024. Many of us feared that if the political party that was in power came back with a substantial majority, it would ride roughshod over the Constitution and make substantial changes that would deprive people of their rights and liberties. That has not come to pass, which is perhaps the most significant outcome of the election.
It is now hoped that the political parties that have joined hands with the BJP to form the government will see to it that the values and guarantees enshrined in the Constitution are safeguarded. It is also hoped that harmony among different sections of society is not only respected but nourished. And that the law enforcement agencies, which seem to have been dancing to the tune of the political party in power, will be properly circumscribed and will henceforth act within the bounds of law. That they will no longer come calling on political opponents of the ruling dispensation, journalists or social activists with a midnight knock.
It is not just the ordinary citizen or civil servant or social activist who will, hopefully, find an atmosphere congenial enough to think, and act as per their own ideals and aspirations within the bounds of the Constitution and the law. It is expected that our judicial system too will find space enough to discharge its obligations towards citizens. The courts not only found their wings clipped, but also, at times, gave an impression that they themselves were refusing to fly. While one chief minister gets relief, another is denied bail, though the grounds were similar or perhaps even the same.
The elections were anything but civil. Communal passions were sought to be raised for narrow political gains. Name-calling was the new normal. The Election Commission often appeared to be acting as an extension of the state. It failed to take notice of several violations of election norms. Even when a complaint was made to it, instead of sending notice to the offender, it was sent to the head of the political party to which he belonged. And to balance things out, a notice was also sent to the complaining party. In short, the Election Commission turned a deaf ear and a blind eye to the happenings around it. Election results, however, have shown that mere rhetoric and theatrics can no longer distract the people and that democracy and the rule of law remain the final form of government. We must always remember that the elections will come and go, but our survival as a democracy will depend on the independence of our institutions, such as the law enforcing agencies, the Election Commission, and above all, our judiciary.
Albert Einstein said, “the important thing is not to stop questioning”.
Unfortunately, the regime gone-by looked to strangle that right. With respect, the judiciary too turned out, at times, unwilling to meet the challenge. It ignored matters that it needed to take note of. It kept quiet when required to speak.
Justice William Douglas once remarked, “Restriction of free thought and free speech is the most dangerous of all subversions.” We now seem to have come out of that subversion. The Unfinished Memoirs by Sheikh Mujib-ur-Rehman shows how hatred of a particular class of society can cause the division of a country, despite people across the divide having the same religious beliefs. The nation has shown that it is aware of such danger.
The order of the Division Bench of the Delhi High Court granting bail to Sharjeel Imam comes as a soothing breeze. Is a new spring in the offing? The order is a lesson for trial courts too. But, then, bail after four years of languishing in jail? Should one cry in agony or clap in ecstasy? Will some court, somewhere, bring relief to the thousands of Umar Khalids as well? We still have miles to go. Many more vital steps are yet to be taken.
The writer is a former judge of the Delhi High Court
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