Cold sweat, madam?

 

 

In a showdown with the Supreme Court, the Delhi government attempted to pull up the apex court for its alleged high handedness. The reason is simple. Hearing the petition filed in 1999 pertaining to the power crisis, the apex court ordered the government to look into the matter, to resolve the long pending problem. However, it was the soaring mercury level or perhaps arrogance that propelled the government to go on the overdrive in verbal jousting with the Supreme Court.

The Additional Solicitor-General, National Capital Territory, Amarendra Saran, while pleading before the bench of Mr. Justice P.K. Balasubramani and Mr. Justice D.K. Jain, stated, “No legal right under Article 21(pertaining to life and liberty of citizen) arises and hence the court is not a super Planning Commission.” The bench retorted, “You are going too far. This is not a constructive approach. Our intention is to help the citizen and give them a comfortable living.”

One wonders if a government that denies basic amenities can one day turn around and state that maintaining law and order and ensuring the safety of the lives and prosperity of citizens does not come under its purview. Citizens in the state pay taxes on the presumption that the government will provide them essential services like power and water. If the government shrinks from its fundamental responsibilities of providing basic services like sanitation, water, power and essential health services, one can then question the raison d'etre of the government.

While speaking to TSI, Avinash Kumar, Advocate, Supreme Court, stated, “The right to life has been defined in various judgments like the CNG issue and the shifting of hazardous industries. If the temperature surpasses 44 degree Celsius, then the government cannot evade its duty of providing electricity. The argument of the Delhi government does not stand the test of judicial scrutiny and the stand of the government is ridiculous and unacceptable.”

Instead of focusing on the finer details of the legal conundrum, the government should put its act together. It is the failure of the executive that compels the judiciary to assume an activist mode. It was the order of the apex court that forced polluting buses and auto- rickshaws to convert to CNG. It was again the order of the apex court that resulted in the shifting of hazardous industries from the densely populated capital.

The Delhi government argument at best is laughable that the apex court cannot direct the government on policy issues.