At a time when the most profound thoughts are expressed within 140 characters at an astonishing speed, there is at least one thing which must be debated across the country in expressions not bound by a word limit: The need to highlight the perils of the most trusted institution in India, the workplace of my lords, the Supreme Court. What the Supreme Court has started practicing is a form of adventurism. The role assigned to the court has taken a reversal based on self assumption of powers which the constitution never guaranteed to it.
With due respect, the Supreme Court’s decision to appoint Sunil Gavaskar as BCCI’s interim head for IPL is completely arbitrary, irrational, against due process of law and violative of Article 14 of the constitution.
I will just raise two doubts and make an endeavour to answer them to clarify what error is being done.
1) Why only Gavaskar’s name was debated-Is it not wrong?
2) If someone feels aggrieved by this appointment, what remedy is left to him?
Article 14 guarantees a ‘Right to equality’ to every citizen. It implies that every citizen is equal in the eyes of law and shall be given equal treatment. Any arbitrary decision benefiting an individual or a class of individuals except an ‘intelligible differentia’ and ‘its rational nexus with the object sought to be achieved’ is against the constitution. The basis of a democracy is electoral representation. This appointment is a clear violation of this proviso that without any election, nomination or assignment, a particular individual is appointed to conduct the most celebrated sport tournament in the country, just based on whims of a judge. This is a judicial discretionary appointment to preside over an institution, interim, of course, which has its own bye laws regulations etc, which should also not have been ignored as it is at all.
Lastly, even if any person feels aggrieved by this order, he has no remedy at all as the Supreme Court cannot issue a writ to itself guaranteeing fundamental rights. The Fundamental right to constitutional remedies also is thus being violated.
I wonder will the Supreme Court go ahead, intervene and appoint the cricket team captain too, considering M.S.Dhoni’s luck not shining abroad.
To add to our demise, there is no one to Supreme Court the Supreme Court. Fingers crossed.