Tuesday, January 11, 2011

The rule of law

As a student in Delhi, I have always found a spate of anti-establishment sentiment in the student community. But I have myself been very skeptical about this view. It wouldn't take much to convince me through a simple greater good argument about most of the activities of the State, be it in Kashmir, Chhatisgarh or elsewhere. Of course, this isn't to say that the framework in which we're functioning is perfect, far from it. But my belief lies firmly in the need for the existence of a framework and functioning within it.

In the Indian system that belief borders on the dangerous. The labyrinth of bureaucracy, the possible nexus of the politician and the police; these are all part of a dirty underbelly, rather than a transparent entity. I don't have a counter answer for the statement- 'for an established system in society, any movement for improving that system becomes an unacceptable form of rebellion by law'. neither am i unequivocal about the desire and possibility of changing the system. BUT i am a disbeliever when it comes to anarchy, i am comfortable in the presence of the rule of law.

I read a ridiculous article about how we need a new constitution. I was surprised that the Indian Express chose to publish it. The Constitution is the very basis from which any and every right that we have is drawn. Sure there are lacunae in it, in our Penal Code (very apparent from Binayak Sen's conviction for sedition by the trial court), but the task for us is to improve it to keep it apace of the times and not to discard it. Our basis is strong and we must stand by it, it is our manner of progress that needs scrutiny.