The Congress-led alliance has been out of power for twelve years. After losing power, the party has been moving towards weakening constitutional institutions and establishing its own parallel system.
The Lawyers Association for Constitution has constituted an ‘independent commission’ under the chairmanship of former Supreme Court judge Madan Lokur. This commission claims to hear voters’ complaints regarding the Special Intensive Revision (SIR) of electoral rolls. Its first public hearing is scheduled for 15 October at Jawahar Bhawan in New Delhi. The commission will record voters’ testimonies and has also invited officials from the Election Commission.
This is a drama of ‘independence’. Jawahar Bhawan is the property of the Jawahar Bhawan Trust, which is controlled by the Gandhi family. The headquarters of the Rajiv Gandhi Foundation is also located here. Sonia Gandhi is its chairperson, while Rahul Gandhi and Priyanka Gandhi Vadra are trustees. This is the very place where the Congress think tank meets.
Among the commission’s advisors are names such as Kapil Sibal and Prashant Bhushan, who are considered close to the Congress and its allies. Madan Lokur went to Pakistan in 2019, participated in the oath-taking ceremony of the Chief Justice there, and even sat on the bench for some time. When a person with such a background sits in a building belonging to the Gandhi family and dispenses ‘justice’ on the electoral process, how can it be called independent? This plan is a new form of the Congress’s old politics-distrusting institutions and setting up its own courts.
This commission has not been created by any constitutional authority. It has neither any legal status nor any accountability. It is entirely a non-governmental, politically motivated body. Under the Constitution, the responsibility for electoral rolls lies with the Election Commission. The Supreme Court has already upheld the validity of the SIR. Yet, Congress-supporting lawyers and a former judge are conducting parallel hearings. This is an attempt to create their own system by bypassing the state. Tomorrow, any other group could also form such a commission and declare its criminals innocent.
The rule of law functions in the country only when institutions do their job in their proper place. When political parties, after losing, start setting up kangaroo courts, democracy is weakened. The Supreme Court should take cognizance of this and put a stop to such activities. After remaining out of power for twelve years, if the Congress is abandoning institutional paths and adopting such non-constitutional routes, it not only shows its desperation but also becomes a threat to the country’s stability. In a democracy, complaints are heard in courts and constitutional bodies, not in a building belonging to the Gandhi family.