Feed on
Posts
Comments

Not that I could be a better one than the Thackearys or Mr. Laloo Prasad Yadav, but I often think why I deprived this nation of the best leader it could ever have. Well, the reason is initially I was inclined not to. But, somewhere down the line, I just started understanding too much. And with understanding, I started seeing too far and too clearly (at least enough to contemplate on this question).

I could, with all the understanding and vision that I had achieved, see it clearly that in the long run I was bound not to succeed. Actually the logic is simple. I read Ibsen and agreed completely when he said that the majority is always wrong and the minority is always right. Now, to be the next Saviour of all my people, I had two choices - either to succeed by being wrong or fail by being right. Wrong I never am, so the first choice got eliminated. Losing no one likes, so the second choice eliminated.

Then it made me think, “Which profession allows me to be as ruthless and yet not fail for being right?”. And guess what, I became a lawyer. Today I charge people to tell them that they might lose. Then charge to fight the lost battle. And then, charge even more, to add comedy to injury, in the name of appeal. My only regret - I want to charge to write this. Damn it! Now that you are not paying, here I end.

Every time the Supreme Court or one of our High Courts decides to enter the social or political arena from their regular habitat at the jurisprudential or legal ones, we cheer them for what is now commonly known as ‘Judicial Activism’. Be it Justice Krishna Iyer, Bhagwati, the one-man green bench Kuldip Singh or some of our recent stalwarts on the apex court bench, the citizens have only cheered them for their digressions.

I agree that most of the times such digressions, which we have learnt to glorify as activism, have benefited the society in general and certain citizens in particular. However, it is my view that the very concept of ‘judicial activism’ is unconstitutional by definition. Also, as paradoxical as it may sound, it is undesirable as it only cripples the nation in the long run.

Judicial activism by definition means an act that the judge is not expected to do. It is obvious that the role of a judge, both constitutionally and by virtue of the nature of their office, is to interpret and apply the law. Within this, by virtue of certain specific Articles in our constitution, viz. Article 32, 226, 141, etc. the superior court judges (High Courts and the Supreme Courts) have very wide discretions. However, wide as they may be, these are judicial discretions and to be exercised within the bounds of the constitution. Any action within such bounds is not proper to be labeled as activism as it is not a support of any cause by such judge over and above his constitutional duties but only a diligent exercise of the powers and duties conferred on him. And therefore, any act even in support of a valid cause qualifying as ‘activism’ on part of our judges is an act not authorized by our constitution.

Ordering the legislature and the judiciary to follow certain standards that ensure clean environment, ensuring bonded laborers are protected, intervening in the election of the Chief Minister by the legislature when there are widespread and confirmed reports of unacceptable behavior on their part are some of the many instances when even if unconstitutional by definition, activism appears desirable. However true that may sound, it is my opinion that when viewed in the larger and long-term interest of the nation, desirability of such action is negated.

In order to make myself clear, I need to refer you to a concept enunciated by the 19th Century philosopher Frederich Nietzsche. Nietzsche talks of a concept called ‘eternal return’ or ‘eternal recurrence’. For our limited purpose here, eternal return basically means that what goes around comes around. In simplest terms, life is not a linear but a circular path. Therefore, it takes no rocket science to propound that for any system to reach its zenith, it needs to have touched the rock bottom in the past. Even hindu philosophy talks of the need of destruction in order to ensure new creation. The hindu mythology has given enough importance to destruction to dedicate one of its trimurtis (Lord Shiva) to this job. To build new traditions, old ones need to give way.

I am quite skeptical that even the most optimistic of us would disagree that we are close to the rock bottom of the circle. Judiciary has for quite long now held on to the last leg of the fall by its activism, unconstitutionally interfering in spheres that it is not meant to touch. The result of the activism of our judges has been counter productive in both legislative and executive branches of the nation. So much so that the both these branches now work on directions of the judiciary even in the most pressing of matters. If none of the courts have yet addressed the issue, it is not worth their time, they presume.

History would tell us that people have always snapped. Revolutions at every level is triggered by such snap. As Albert Camus very succinctly puts it in his treatise The Rebel, revolutions are founded on the feeling of ‘all or nothing’. Our misfortune is that every other branch of our nation keeps us at a safe distance form the ‘all’ and the judiciary keeps pulling us away from ‘nothing’. Activism is unconstitutional and undesirable – we need to hit the rock bottom.

Also on Mutiny

In Praise of Tehelka

 

This post is also available on Mutiny

People say it’s the age of ‘media’. The very fact that a simple blog with articles ranging in interest from movies to hardcore social critique being written by a handful of non-experts has an enviable readership of its own (reference to mutiny.in) is a testimonial to this claim. However, not many would disagree that quantity and quality seldom go together. It takes a lot of character to insist on an ideology when business demands take you elsewhere.

‘Page Three’ was initially an experiment in a supplement to the Times of India. Today, to the exception of The Hindu, there is probably no other English daily in India which does not publish titillating photographs of women on some or the other page. If it sells, why not?

In wake of all this, however, there are some journalists out there who are fighting the temptations of market demands to stick to an ideology. In the 70s it was the Indian Express and probably India Today a little later. Well, the Express has almost lost the battle (readership has declined tremendously) and India Today has compromised itself beyond recognition. However, it looks like there is indeed a media group that is at least making an honest attempt to fill that void - Tehelka.

Whether we agree or not with its method of uncovering the defence scam (which continues, by the way), we must admit that it takes a lot of character to withstand the slaughter from the government that they faced in full public view, post the defence expose. And to come out from all that to launch and sustain a magazine with the highest stature in the Indian market - well, that takes more than just character. It takes passion. And attitude.

Tehelka, since January 2004, has maintained unparalleled standards in both journalism and quality of literature amongst mainstream magazines. Be it the extraordinary series on Gujarat and the Godhara genocide, or the issue of Taslima facing eviction from India, or M F Hussain’s reasons for having to quit the nation, or dedicating a deserving pre-release cover story to the artist that Amir is, or having the guts to expose the Chief Justice of India and face contempt charges - in less than 4 years, Tehelka has done much more than every other magazine combined in a decade, probably.

Opinions differ and they must. I believe that, in a democracy, the right to hold an opinion contrary to any overwhelming majority is the most sacred right. You may not agree with quite a lot that Tehelka publishes, but I earnestly believe that it deserves to be given a chance in order to continue its fight against the market forces. And a lot other hurdles which need not be specified.

I am not an agent of the magazine and I do not ask you to buy a copy. However, I do request you to visit the website to give it a chance. Most of what they write does not merely deserve to be read but needs to be read by Indians.

To understand what prompted me to write this post, let me take the liberty to refer you to this story. Most such stories escape the attention of mainstream media. Reason? Market Forces, which means Readers, which means - Us.

By the way, subscriptions are available for Rs. 200 for a year. Less than Rs. 4/issue.

This, surprisingly, turned out to be a great book. One of the best I have read in recent times. I picked it up for the innovative style that it promised from the exteriors, but got much more than that.

I would recommend it to anyone except those who are completely averse to reading a long nove. Set in Nazi Germany, it is different from anything else of that period. I have generally found myself too sensitive to read graphic details of the Holocast, but this is far from that. Yet, it captures all the essence of the period.

The Protagonist is a young girl and is the book thief (of course). The plot revolves around her and yet manages to encapsulate the basic essence of normal German life in that period. But mind you, the narrator of this book is ‘Death’.

The best reco I can give is this - I experienced genuine humanity only in this book. Go for it!

    Charles Mingus in his song Don’t Let it Happen Here :

    One day they came and they took the Communists
    And I said nothing because I was not a Communist
    Then one day they came and they took the people of the Jewish faith
    And I said nothing because I had no faith left
    One day they came and they took the unionists
    And I said nothing because I was not a unionist
    One day they burned the Catholic churches
    And I said nothing because I was born a Protestant
    Then one day they came and they took me
    And I could say nothing because I was as guilty as they were
    For not speaking out and saying that all men have a right to freedom
    On any land
    I was as guilty of genocide
    As you
    All of you
    For you know when a man is free
    And when to set him free from his slavery
    So I charge you all with genocide
    The same as I
    One of the 18 million dead Jews
    18 million dead people  

Source

Raj Thackeray and I

If only someone told them (the very few who actually agree with the Thackeray clan of Politics) that Bombay is not a Well of Money waiting for the inhabitants to draw from it. This is a city with oppurtunities like many others. Wealth here needs to be created. What seems like a well of money is only the result of sweat (and inequity) - drive away the sweat and the money shall be gone.

Did these people never hear about the story of the hen that laid golden eggs!

Another point - why all the attention to Raj Thackeray? Shiv Sena had raised this issue time and again. And no local politician from Maharashtra has ever condemned it. This is a vote issue boys. Forget about it. There are enough cities in the country - if they drive Bombay to that.

Bookreco - The Little Prince

The Little PrinceThis is a must read for anyone and of any age. It is categorized generally as a children’s book but can rightly be placed in the meta-fiction category. Surprisingly simple in both its language and narrative, the book amazes one with the sheer magnitude of ideas in such a short and simple book. This is a masterpiece by a master. Originally in French. Has a number of original illustrations, therefore a good edition with clear illustrations is a must for your collection.

Joyce wrote this as an early life autobiography. It’s properly fiction, though resembles his own experiences of growing up. It’s called by the critics as a “stream of conciousness” novel, which you know when you read. Language is too british, as in the conversation etc. The last 50 pages are brilliant. A must read for classics lovers and anyone who has read and liked Joyce

This is a science fiction by a historian. Rightly placed in metafiction category. Has nothingPlato Papers to do with the greek Plato. Great humour and brilliant exposition of a future world if all records of current world are deleted. Shows how susceptible human beings are to conditionining.

iSwear by iPod

It’s no new product by Apple. It’s just a testimony, a story. Well, sponsored product stories, even genuine iPod iLove stories are so common, what’s new about this one?

It’s by me, that’s good enough reason for it to be important.

The story goes like this - Once upon a time (I guess, it was Jan.2007), an elder brother who came back to his country (not to meet his people, only to get married, take his wife along and run away) from the free land of America, got for his younger brother an iPod. The younger brother, as it turned ot to be, used the ipod with disdain. Within a couple of months, the ipod cracked. To be specific, the screen cracked from inside as it could not take the weight of the younger one.

Estimating the damege to be too costly to repair, the younger one learnt to live without music (how sad!,I can see tears welling up in your eyes!!). However, to try his luck, this younger one took the broken pod to an Apple Store. And lo! Like angle from the sky, they just relaced it.

The younger one was happy and humming with the tunes of his second pod. Out of the blue, the devil had its way again. The younger one’s flat got flooded (difficult to explain that here) and the ipod was drowned once again. Learning from the previous experience, the younger one rushed to Apple. And lo! The angle worked once again.

Now the youger lives ‘happily ever after’ with his pod (and the music, of course!). He uses his ipod not with disdain, for the warranty has now expired and the angle comes at a price that’s a strain

Moral: When you have a new ipod, break it twice and use three.

By the way, this story is based on ‘real life experiences’