HOW AYODHYA HAS IMPACTED SOCIAL AND POLITICAL DISCOURSE: TURNING POINTS (POST BABRI DEMOLITION)

AS WE SAW IN PREVIOUS PART, IMMENSE PRESSURE ON RAJIV GANDHI PUSHED HIM TO MISHANDLE THINGS. HE TRIED HIS HANDS WITH MAJORITY MAJORITY BUT THE ULTIMATE BENEFICIARY WAS THE BJP THAT, FROM TWO SEATS IN 1984 LOK SABHA POLLS, WENT ON TO WIN 85 SEATS IN 1989 AND 119 SEATS IN 1991.

FOR REASONS THAT LIE IN INDIA’S PLURALITY AND THUS IN SENSITIVITIES OF THE MAJORITY AS WELL AS THE MINORITY COMMUNITIES, THE APEX COURT DIDN’T TAKE NOTICE OF THE CONTEMPT PETITIONS FILED AFTER THE BABRI DEMOLITION EVEN IF THE THEN CHIEF JUSTICE OF INDIA, JUSTICE M N VENKATACHALIAH, HAD SAID THAT THE DEMOLITION WAS THE MOST BLATANT CONTEMPT EVER COMMITTED. KALYAN SINGH AND VIJAYARAJE SCINDIA HAD GIVEN WRITTEN UNDERTAKING IN THE SUPREME COURT THAT KAR SEVAKS WOULD NOT TOUCH THE BABRI MASJID.

LEGAL JURISPRUDENCE IS TECHNICAL AS WELL AS INTERPRETATIONAL. THAT’S WHY WE HEAR THE PHRASE, ‘ON YOUR FINE SENSE OF JUDGMENT’ BY THE LAWYERS WHEN THEY SUM THEIR ARGUMENT IN ANY CASE. THE INTERPRETATIONAL NATURE OF OUR CONSTITUTION AND THE LEGAL SYSTEM DOES GIVE THE JUDGES THE DISCRETION TO INTERPRET LAWS WITHIN THE CONSTITUTIONAL NORMS. AND THEY HAVE DONE WELL. THE COURT’S HESITATION IN AYODHYA CASE CAN BE GAUGED FROM THE FACT IT IS PART OF THE LEGAL JURISPRUDENCE TO SEE WHAT EFFECT A PARTICULAR JUDGMENT CAN HAVE ON THE SOCIETY AS A WHOLE AND THEY TRY TO KEEP AS MUCH RESTRAINT AS POSSIBLE.

TO CONTINUE..

©SantoshChaubey

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