"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well."

-Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Tuesday, October 21, 2008

News

Some Issues Concerning Democracy
Today the Hindu carries two news items that raises some issues related to democracy. First is the notice of the CPI (M) to move a privilege motion against the PM in Rajya Sabha on the Nuke deal. The second is the information that the current Parliamentary session is to be curtailed to be reconvened later in December.
The issues involved are
1. First ofcourse is the impact of the deal on democracy and the need to have a Parliamentary supervision on the executive's treaty making power. Its a part of a larger debate, both legal and political.
2. The technicality of moving a privilege motion against a member who is not part of the House. If accountablity of the executive to the legislature is the principle, the technicality shouldn't matter.
3. Proroguing of a Parliamentary session is legal and every political party may say it is necessary this time due to upcoming elections in three states. The fact that the monsoon session was skipped for obvious reasons need to be borne in mind. Parliamentary session are vital for any democracy, for the function of law making and accountablity. Statistics on the number of days Indian Parliament meet reveal a decling trend which is unhealthy for a democracy.
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