This article is composed by Hashmita Arora of University of Lucknow. This article strives to elucidate the reality and phantasm of our Constitutional Machinery in the States. It primarily elucidates the unabated instances of the failure of the splintered administrative system and the corrupt electoral politics of government. The article further deals with the impotency of various institutions in keeping an eagle eye on these non-fulfilments, thus vitiating the adeptness of the legal system in India. 

Introduction

The role of government in maintaining law and order is immense. The executive wing is responsible solely to the union or state ministerial heads, as we usually witness that an  “IAS is responsible to ministers, and is under boundless work pressure”. When the government fails in its duty to regulate the tranquility in the states, the role of the judiciary surmounts in tackling the soaring offence rates. However, the judicial burden is also substantial to keep the environment orderly.

Article 365 of Indian Constitution deals with the breakdown of constitutional machinery. According to Article 356,  Failure of Constitutional Machinery is demarcated as the situation in which a state cannot be carried on in accordance with the provisions laid in the Constitution. Specifications have been laid down to deal with circumstances when there is no government in terrain due to non-attainment of majority or is highly impotent to assure a smooth administration.

As per Article 355 of the Constitution, it is the sole duty of the Union Government to assure that the government of every state is carried on in accordance with the provisions of the Indian Constitution.

“Failure of Constitutional Machinery in the States”,  a disaster in disguise, has proved to be a mootable and alienating procedure for decades. The causes of the failure are described below- 

1) Political Crisis – Crisis is deemed to be cynical changes in security when they are unanticipated with little or no warning,

2) Internal Subversion,

3) Physical Breakdown,

4) Inability to maintain law and order.

Substantial Upshots in the Failure of constitutional Machinery

The non-observance of the constitutional framework has debilitated the caliber of law in India. There has been a spate of such experiences which is ascribed to the harsh methodology where persistence for just treatment is constrained. The very current example to justify the notion being is “The Hathras Gangrape Case”. Upon analyzing the situation, we encounter that the victim’s family is being unlawfully captivated in their own house. There is minuscule done by the government to ensure their lawful redressal. The constitutional procedures are being overlooked, for even the media is denied access where the victim’s family is illegally held.

The raising bar of offences by degrees indicates the impotency of government and its negligence in maintaining due course of constitutionality.  In the end, the judiciary had to enter as savior, which was recently in news that the High Court of UP has taken suo moto  cognizance of Hathras case.

The dwindling scenario of law and order prevails not only in the state of UP but in other states as well. We all are aware of Sushant Singh Rajput’s case. Several Bollywood superstars are now popping up in the guise of drug peddlers, having been fully bolstered by the government. It is the judiciary that is portraying agility in identifying the drug smugglers and ordering relevant investigations. The act of Brihanmumbai Municipal Corporation demolishing Kangna’s studio is the optimum epitome of failure of constitutional machinery, owing to corrupt state government.

Impacts/consequences of such breakdown

The impact is easy to predict. It leads to the formulation of a society full of undaunted offenders. Nobody fears the consequences of their acts. Sheer carelessness and dereliction on part of the government create an unpleasant and fearful environment for ordinary citizens. Police acting as offenders in uniform, working for politicians rather than people is pathetic for society’s persistence.

So, as we can infer, a society with no implementation of constitutional norms guarantees no safety to its citizens. Subjects are under constant threat of violence, which is the easiest mode to achieve means. 

When conditions become extremely miserable, the President’s rule is implemented, which marks an end of rule of the state government, and the Union steps in to take charge. With greater authority, it tries to restore the conditions. 

Revival of Justice- the way forward  

It’s time for a tectonic shift as the need of the hour is not only affirmative action but also the resolve of the state to discourage any gesture of support to them. The state should endeavor to deal with the perpetrators with as much objectivity as possible. This is possible only when there lies no prejudice and preconception entailed by any vested interest groups. It is apparent that there is a reluctance across the political framework to consider this adversity. The lackadaisical approach of successive governments exhibits their hypocrisy. It is thus evident that all the governments are enjoying the status quo where the security forces are used as a tool for self-preservation. Any disequilibrium is politically not desirable. The modus operandi of some police officials are highly despicable. Therefore it seems exigent to establish accountability of the police department. The time is apt for the judiciary to begin scientific investigations.

Secondly, society should adopt some effective measures to fix this menace of state-sponsored atrocity and obliteration.

In the words of Nani Palkhiwala, “In order to awaken the system, we have to assault the senses. It seems apposite to borrow this expression for today’s bleak reality. We have to assault on the senses of this crude effete system to structure some crucial reforms.The reigning police department and curtailing their tyrannical power is the call for the day.

Thirdly, until High-ranking politicians are not made accountable to their guilty acts, there can be no edification in the present scenario. We require more educated, honest, efficient, empathetic, thought-provoking, approachable, decisive and empowering leaders. The supervision on their use of powers must be made stringent. It is a tough task, for, in the end, the police forces are subordinate to these affluent personalities. They possess the fiscal capacity to purchase everything, ranging from materialistic objects to humanity.

The mechanism conceived by the current ruling exoneration manifests the remarkable lacunae in our contemporary structure. It should be endured in our heart and soul that every conundrum has an answer provided that it is addressed and affirmed productively.

The youth on the other hand should grapple with the event and accept it as a challenge,  rather than a mundane assignment to be just done with it. This would only be possible, if they work with a missionary zeal, in eradicating the age-old shackles that are eating into the vitals of our country, but shall be laying down the foundation for their own happy and prosperous tomorrow.

So, our last resort is to turn to the judiciary for the restoration of social breakdown. Having immense power to punish, the vigor of judges can be utilized to calm the turbulence and moil down. Media too has proved to be of substantial assistance in recent times, in as much as snatching masks from “un-innocent” affluent groups.

Conclusion

With greater power, comes greater responsibility. History is replete with examples of how good men under its influence,  not only became corrupt when they rose to power but also played havoc with the destiny of their country. We have for example Adolf Hitler, who was an embodiment of a patriot, but no sooner did he become Fuhrer, he let loose the scourge of war culminating into the Second World War. Proper check and balance on all people occupying positions of power and authority is the need of the hour. There should also be stringent laws facilitating the early identification of corrupt officials and their legal indictment. This would serve as a deterrent for others and abstain from harboring nefarious intentions. It is thus the sole duty of the citizens to make the government responsible, and not merely be subjects of such casual approaches and negligent behavior of our representatives. 

Conclusively, this article not only concedes to the grievances but also strives to render an efficacious panacea for it. Until there are political reforms in India ensuring autonomy to the political forces and insulating them from political pressure, the local authorities will seek their own slice of cake and be a part of this nexus.

The sanctity of stomping out constitutional fallouts lies in the notion that they pose a peril to the faith of people in the judicial system of India. The exigency of the hour for our political parties intrinsically is that they should rise to a juncture and regard this imbroglio as a colossal impediment in the nation’s evolution. It has led to chaos and skepticism which has yielded in muddled handling of the state’s economy. It is the apt time when the centre must realize that they are vandalizing the state’s expansion in lieu of unscrupulous transient power.

LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join: