| As usual, the recent Supreme Court order on food grain distribution triggered a deluge of editorials, TV shows and commentary.
What we find interesting is not the order per se, but the curious evolution of the dynamics between the Judiciary and the Executive/Legislative branches of the Government.
The key issue in Indian politics is the regime of ad hoc and unmonitored benefits, as blogger RealityCheck has chronicled on his blog. Ad hoc benefits directed to minorities or "caste" groups, even when thinly disguised by catch phrases like "classes" is de jure unconstitutional. As a matter of fact, a modern Constitutional Democratic Republic (CDR) can not have any incentives tied to social groups. The Liberal Democratic Republic (LDR) works around this problem by secondary activism, whereby pressure tactics and intense propaganda causes public opinion to steer so much as to threaten the functioning of the state.
Compromises are struck and the public is served a full load of BS, by a group of bureaucrats whose key qualification is that they can keep a straight face amid the stench.
Invariably, when CDR trends towards becoming an LDR, the Judiciary conflicts with the other two branches. In well functioning countries, Legislative eventually sides with Judiciary since opposition parties do not want to be railroaded. In other words it balances out. Executive proposes, Judiciary opposes. If executive goes too far out, political opponents exert pressure via Legislature. In other words, in order to work around the constitution, the Executive branch needs to overcome both political as well as legal challenges.
In Banana (or Pasta, if you like) republics, ALL political parties want to create their own social justice groups. Contrary to secular propaganda, even the BJP holds regular Iftaar parties, promises loads of stuff to minorities - thus, in this ruinous journey all parties are but Humsaafars.
In this way, in India, the judiciary comes into direct conflict with the executive.
We saw this come to a head in the apex court during the "OBC reservations in central institutions" issue. After several months of duking it out, the court finally gave in. The verdict had a resigned tone about it which was not surprising, coincidentally during this time the issue of asset declaration of Judges came to the fore. It was clear that the executive was willing to go to extreme lengths.
The current Supreme Court order on grain distribution is interesting because here the court has deliberately trespassed into executive territory by using the biggest trump card in an LDR poker game - social justice for the poor. This has caused much public hand wringing by the Manmohan Singh Govt. It will be interesting to see the moves of the court in the days to come.
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