Diminishing respect between government, Opposition not a sign of healthy democracy: CJI Ramana

Chief Justice of India N V Ramana on Saturday said strong, vibrant and active Opposition helps to improve the governance and corrects the functioning of the government but unfortunately the space for Opposition in the country is diminishing and laws are being passed without discussion.

Speaking at an event on ‘75 Year of Parliament Democracy’ at legislative assembly of Rajasthan, Jaipur, Justice Ramana said, “Particularly, the leaders in the Opposition used to play a stellar role. There used to be a lot of mutual respect between the government and the Opposition. Unfortunately, the space for Opposition is diminishing. We are witnessing laws being passed without detailed deliberation and scrutiny”.

Also Read: Democracy and religion have hypocrisy in common

He also suggested the Speaker to consider providing the assistance of qualified law clerks to each of the MLAs.

Noting the role of strong, vibrant and active Opposition to improve the governance, he said it corrects the functioning of the government. “In an ideal world, it is the cooperative functioning of the government and the Opposition which will lead to a progressive democracy. After all, Project Democracy is a joint effort of all the stakeholders,” he pointed out.

Referring to the need for thorough debate involving all the sides of the house in law making, Justice Ramana said as a judge, at times he wonders as to how one traces the legislative intent behind the enactments.

“Instead of engaging in meaningful debates for furthering democracy, politics has become acrimonious. The diversity of opinion enriches polity and society. Political Opposition should not translate into hostility, which we are sadly witnessing these days. These are not signs of a healthy democracy,” he said.

Also Read: India mother of all democracies: Modi at Bihar assembly centenary celebrations

The Chief Justice said building a peaceful and inclusive society is not just a matter of public administration, but also a duty of a statesman. “You are a reflection of the people’s aspiration. Let morality of the constitution guide you in the right direction. After all, you are all role models. Strengthening parliamentary democracy demands strengthening the Opposition as well,”he said

“We have a form of government where the executive, both political and permanent, is accountable to the legislature. Accountability forms the core principle of democracy. I have, on several occasions, highlighted the significance of parliamentary debates and parliamentary committees. In fact, I used to look forward to the legislative debates,” he pointed out.

The Chief Justice said a year ago, on independence day, he had expressed views on a decline in the quality of debate and, at times, even the lack of debate in the legislative bodies. “On this occasion, I have a suggestion to make. Law making is a complicated process. One cannot expect every lawmaker to have a legal background. It is essential that Members of the Legislature have quality assistance from legal professionals, so that they are able to contribute to the debates meaningfully. The Hon’ble Speaker may consider providing the assistance of qualified law clerks to each of the MLAs. We, as judges, are also assisted by law clerks in our day-to-day court work. Let me assure you, it will really be helpful to you all”, he said.