Executive simply implementing whatever is dictated by the ruling party, political parties have carefully… – Live Law – Indian Legal News

While criticizing the Director of Policing and Anti-Corruption for ordering a new investigation against former CM Edapaddi Palaniswami, the Madras High Court said that even almost 73 years since the Indian Constitution began to govern this country, the “harsh reality” is that the Executive has almost lost its independence and has virtually become an organ “simply executing what is said/dictated/ordered by the political party, which is in power at the appropriate time.”

Judge N. Anand Venkatesh He said that over a period of time, political parties have carefully manipulated the system to such an extent that they have complete control over the Executive.

“Every time there is a changing of the guard, the entire Executive branch also changes so that this body follows the dictates of the government on duty. Therefore, in reality, the separation of powers that is in the hands of the Executive is almost non-existent,” observed the court, since it held that A new investigation was ordered against Palaniswami only due to the change of government in the state.

The court said it is “regretting this sad state of affairs” as DVAC conducted a detailed investigation and found that no prima facie case had been made against Palaniswami and therefore a conscious decision was made to close the complaint. .

“The question is what actually caused the first defendant to do a full 360 and ask the Government in the year 2023 about the action to take against the second defendant on the closing report that has already been filed? . Did you get any wiser over a 5 year span or did the first respondent stumble upon some other new material, which will bear on the closing report? The answer is a resounding “no” and the only reason that can be deduced from the materials placed before this Court is that there was a change in power dynamics and that is the only reason the first defendant wants to ignore the report of previous investigation and a new investigation begins,” he added.

The court noted that these cases still occur when there is a changing of the guard and ultimately the case goes to court.

“In cases of this nature, the Court is like a playground where the ruling party and the opposition try to score a point for their own political games,” said the bench.

He added: “Ultimately, the Court’s order will only become the subject of a talk show on TV channels, which will be discussed with much uproar where participants will yell loudly in support of one side or the other and, in Ultimately, everything will be relegated to nothing.

The court said that the time that courts spend on these issues practically eats up judicial time, “which has to be spent on purpose for a poor litigant, who waits for years in the hope that his case will be dealt with as soon as possible and There will be some light at the end of the tunnel.”

“This court expressed its anguish at the complete loss of the independent functioning of the Executive and this is one of those appropriate cases where this Court saw fit to expose the bare reality that has actually been installed in the system against what the creators of the Constitution they had in mind when they gave us this Constitution.

Judge Venkatesh also said many times that the truth is harsh and can even sound rude. “But you have to tell the truth and you can’t sweep it under the rug just because it will cause embarrassment or inconvenience,” the judge said, adding that the founding fathers of the Constitution expected all three parts of the Constitution, namely the legislative, executive and judiciary to function independently within their sphere and to act as a check and balance on the other.

READ ALSO: New Preliminary Inquiry Ordered Against Former CM Edappadi Palaniswami Only Due To Change In Government, Not Due To New Material: Madras High Court

Case Title: RS Bharathi v. The Director of Surveillance and Anti-Corruption and another

Citation: 2023 LiveLaw (Mad) 200

Click here to read the order/judgment

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Raven Asher

Hey there, I'm Raven Asher, a writer and blogger currently studying at McMaster University. My passion lies in arts and culture, and I love exploring and sharing my thoughts on different aspects of this field through my writing. I've been fortunate enough to have my articles featured on several blogs and news websites, which has allowed me to connect with readers from all over the world. Apart from writing, I'm also an avid traveler, and I love experiencing different cultures and learning new things. Join me on my journey as I explore the world and share my insights on everything art and culture!

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