The Hindu : National : ‘Stir at the drop of a hat is to polarise voters’

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‘Stir at the drop of a hat is to polarise voters’

Special Correspondent

Regressive political action threatens to undo constitutional order: Balakrishnan

— PHOTO: ANU PUSHKARNA

Chief Justice of India K.G. Balakrishnan (left) with Lok Sabha Speaker Somnath Chatterjee at a conference in New Delhi on Tuesday.

New Delhi: Chief Justice of India K.G. Balakrishnan on Tuesday decried the tendency of political parties and politicians to resort to agitations and threaten the public order on the flimsiest of reasons when a dialogue could be the best solution.

“In many instances, such extreme measures are clearly a strategy to polarise the electorate. Such a regressive brand of political action is threatening to undo the very foundations on which our constitutional order has been built, namely those of respect for ‘rule of law,’ ‘equal treatment before the law’ and ‘due process [of law]’.”

Justice Balakrishnan was speaking on “Restoration of national values,” at a conference organised by the Foundation for Restoration of National Values here.

“State is given a monopoly over the use of violence in the form of the military, police powers and the criminal justice system. This means that all other group interests in society — whether they are in the form of political parties, caste groups, linguistic groups or business concerns must respect the legitimacy of the state. That is a precondition for ensuring a climate where constitutionally guaranteed rights are respected and promoted.”

The Chief Justice said: “It is quite distressing to note that differences based on caste, religion, gender, class and regionalism continue to be the root causes behind organised and often institutionalised violence. Especially in the last few months, one can recount several instances of senseless violence and disruption of routine life in different parts of the country.”

He said: “In a pluralist society such as ours, there are bound to be perpetual differences as well as conflicts among the interests of various sections. However, the test for building an inclusive nation is one that pertains to the means used to resolve these differences.”

Expressing concern over deterioration of moral values, he said corruption was identified with any person or institution which misuses the power and discretion conferred on it. “Ordinary citizens face unnecessary problems in their routine interactions with governmental agencies. Practices such as acceptance of favours or misappropriation of public funds have actually come to be described as ‘perks’ of holding public office and employment.”

He said: “In recent months, there has been considerable anxiety on account of allegations of corruption in the higher judiciary. The judiciary is the watchdog of the rights of citizens and these instances have once again raised the question of ‘who will watch the watchdogs.’ Legal and judicial measures for deterring corruption are only part of the solution. The long-term solution lies in the realm of education at all levels — whereby the importance of personal integrity and the spirit of public service will be imbibed by our citizens.”

The Chief Justice said: “Even if there is a strong polarisation of views among certain groups, the ‘methods of persuasion’ need to be preferred as opposed to ‘methods of confrontation.’ As U.S. President-elect Barack Obama repeatedly urged during his campaign, it is when we learn to reason with those who disagree with us, that we actually learn more about ourselves.”

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