Power tends to corrupt and absolute power corrupts absolutely. Its recent example is the Rajasthan Government’s ordinance on immunising the present and former public servants, judges and magistrates from any investigation without prior permission of the state government. A draconian ordinance got saved from being formed into a law. Which infringes the fundamental rights of a citizen. But it reminded us that the dream of a corruption less society cannot be fulfilled till the time, the power is constrained in the hands of the corrupt lawmakers.
The Ordinance sought to amend section 156 and 190 of the CrPc. Where the magistrate cannot order investigation even for serious offences, clearly giving complete immunity to the public servants, magistrates and judges. Any form of media is banned from publishing any personal details of the above, till the time the government itself doesnot give the permission for investigation. An ordinance of this kind clearly reflects as to how the lines of seperation of powers have blurred and how the government which is a law making body has taken over the work of the judiciary. Moreover, saving corrupt judges and magistrates.
It was not difficult for the ruling government of Rajasthan with absolute majority i.e. 160 seats in the legislative assembly to pass the criminal law(Rajasthan amendment) bill, 2017. The sudden change by the government for sending the bill to the select committe was a consequence of mounting pressure of the civil society, the opposition parties and the media. In a crisis like this, In a political democracy, more than the government the resistance from the civil society is a must. To resist the arrogant, powerful, forceful should be injected in every citizen living under any form of the rule. No matter how many times the circumstances gets challenging . The government should not meddle with the constitution especially with the fundamental rights of the citizens, even if resonably restricted, it should be under the ambit of the spirit of the constitution and the rights.
The way forward would be that the government repeals the ordinance. The clarity between the separation of powers i.e. the legislature, the judiciary and the executive should be maintained by the landmark precedences and common sense. There will be no checks and balances if the admistrative body keeps a check on its own adminstrators. The government is an elected body and must continue its efforts in fulfilling the promises to the people rather than shielding the corrupts. A democracy cannot be a joke where one corrupt saves the other corrupt or possible corrupts which are likely to increase after this disgusting ordinance.