Split Supreme Court: Former Home Secretary Madhav Godbole in book

Tribune News Service

New Delhi, September 24

Abolition of Governor’s post, splitting the Supreme Court into constitutional and appellate courts and ensuring complete separation of religion from politics are some of the suggestions made by prominent intellectuals on Friday to rid the Indian polity of the malaise that afflict it.

During an online discussion on former Home Secretary Madhav Godbole’s latest book ‘India-A Federal Union of States: Fault Lines, Challenges and Opportunities’, former Vice-President Hamid Ansari, former Jammu and Kashmir Governor NN Vohra, former Delhi High Court Chief Justice AP Shah, NALSAR University of Law (Hyderabad) Vice Chancellor Prof Faizan Mustafa and author Gurcharan Das discussed the problems confronting India’s federal polity and attempted to offer possible solutions. Expressing concern over mixing religion with politics, Godbole wanted the Representation of People’s Act to include a provision to debar those doing so.

Making a radical suggestion, he said the post of Governor should be abolished and the SC split into constitutional and appellate courts with the former having nine judges to decide constitutional issues.

NN Vohra, whose 1993 report as Home Secretary highlighted the problem of criminalisation of politics and the nexus between criminals, politicians and bureaucrats, raised the issue of rising number of tainted politicians entering Parliament and state Assemblies. He expressed concern over corruption and lack of accountability undermining the rule of the law.

He said one of the institutions ringing the bell was the judiciary, but unfortunately questions were being raised not only about the subordinate and high courts but also the office of the CJI. He also spoke of the huge pendency of around 4 crore cases in courts.

Emphasising the need for inner-party democracy, former Governor Vohra lamented that recommendations made by the Law Commission and the Election Commission had not been implemented. He expressed concern over politicisation of administration from the level of ‘patwari’ to the Chief Secretary.

Ansari raised concern over ‘Islamophobia’ and alleged violation of civil rights in J&K after nullification of Article 370. Justice Shah alleged violation of human rights in J&K. Prof Mustafa took exception to Godbole terming the nullification of Article 370 as a “masterstroke” and advocated a system modelled on the US federalism. Author Gurcharan Das cautioned against the imposition of any language and demanded that English be given a place in the Eighth Schedule of the Constitution.

The book discusses Centre-state relations, the dysfunctional Inter-State Council and GST and maintains that the future of India’s federalism would depend on the resolution of these issues.