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There have been several cases where courts have declared the provisions of laws, passed by Parliament or State Legislatures, as ultra vires of the Constitution. And in their turn, Parliament and Legislatures have nullified the impact of judicial pronouncements through laws
It is natural for people at certain moments in their lives to confront situations in which things, which they had earlier taken for granted, suddenly appear to demand verification or confirmation. Given the kind of nebulous things, perceptions are that itself not unnatural. Thoughts about the roots from which one has come, and the nature of relationships with parents, close relatives and friends are not unusual. However, real life, in which one has to deal with such matters in relation to the external world, presents a different set of issues altogether.
There is, in the field of quantum physics, a phenomenon called the ‘observer effect’, which tells us that the very act of observation disturbs the system being observed. When one looks at an object, for example, the light, travelling from one’s eye to the object, gets reflected, in the shape of the image of the object. However, the very act of the ray of light striking that object causes it to experience a change. As a result, what one sees is not actually what the object was, before being observed.
A common example of the observer effect, from daily experience, is that of checking the pressure in an automobile tire. The very act, of checking, causes some air to escape, changing the pressure observed. The only way, in other words, that one can know what the pressure is not to check it at all! The famous ‘cat experiment’, a thought experiment conceived by quantum scientist Schroëdinger, also illustrates the same point. Another striking illustration of the phenomenon is what is known as the ‘double-slit experiment’, through which physicists have found that observation of quantum phenomena, by a detecting instrument, can change the measured results.
Throughout my four-decade-long service, I remained fascinated by the manner in which people belonging to one profession perceived those belonging to others. What political leaders think, for instance, about the judiciary, what the judges perceive the civil servants to be, what scientists and academicians think of civil servants, or, for that matter, what industrialists and businessmen perceive all these others to be, and vice versa.
In a district, for example, District Magistrate, or Collector as the position is known in Andhra Pradesh and Telangana states, ranks above the District Judge. When judges are promoted to the bench of the High Court, however, their position in the Warrant of Precedence is higher than even that of Ministers. The way judges perceive the bureaucracy, therefore, will naturally depend upon the type of experience they had, earlier in the district. That can manifest itself either as an understanding, and sympathetic, attitude, or one that is coloured by prejudice. Not very much different is what is experienced by retired civil servants who, after joining politics, post superannuation, have no qualms about expecting officials to do precisely that which was regarded as heresy while they were in service!
The very nature of the polity that our Constitution has put in place also leads to some paradoxical situations. In matters such as the Golaknath case or the Keshavanand Bharathi case, for instance, courts have entered areas far beyond their constitutionally envisaged jurisdiction, and delivered verdicts, virtually amounting to amending the Constitution. The most welcome feature of the situation, however, is that everyone happily accepted the judgements. Officials, likewise, often perform judicial functions, especially while functioning as magistrates in the field, or by virtue of the powers vested in them, by special laws, such as the Income Tax Act.
The experience very often tends to be a good grounding when they perform their administrative functions in the future, duly being careful to ensure that their actions will stand the test of law, when, subsequently, questioned in courts. There have also been several cases where courts have declared the provisions of laws, passed by Parliament or State Legislatures, as ultra vires of the Constitution. And in their turn, Parliament and Legislatures have nullified the impact of judicial pronouncements through laws. To complete the cycle, as it were, legislators have been provided with funds, which they can use for providing assistance to programmes of governments, such as the MPLADS scheme. And, as a sort of finale to the whole conundrum, bureaucrats have never been above indulging in politics!
The Animal Kingdom, from aerial creatures, and terrestrial animals, to mammals and aquatic creatures, also offers a variety of examples of interesting perceptions about hierarchies and mutual relationships.
All social animal groups have hierarchies with, generally speaking, the strongest male of the species, assuming the lead role of the group; a position attained, not by, an election or a vote, but through a successful battle with the previous leader, by way of demonstrating their superiority in strength and character. Every other animal in the group has a ranking, which counts in many matters, such as being the first to eat, sleep on getting to breed. It is a young Norwegian’s observation of the bitter conflict for leadership in a flock of chicken that led to the coining of the expression, ‘Pecking Order’.
The lion, for instance is seen as the King of the Jungle, not so much because of size or speed, but on account of strong presence, and respect commanded from other animals. With his fertile imagination, and deep insight, of human behaviour, Jonathan Swift narrates the experiences of the hero of his book Gulliver’s Travels which portrays huge giants of men, called Brobdingnagians, in Brobdingnag, in one land which he visits, and extremely puny creatures, called Lilliputians, in another.
We have seen how confusion can be caused, and doubts created, about perceptions. As an illustration, I offer, at the end of this piece, an amusing real life incident, which I have used in an earlier piece, but is also relevant in the present context. My son, Arvind, was barely two years old when he once woke up in the middle of the night and asked several questions. He first asked, “Where is my mother”? I pointed to Usha sleeping next to him. He then asked, “Where are you”? Upon being satisfied about my being there, he finally asked, “Where am I”!?
(The writer was formerly Chief Secretary, Government of Andhra Pradesh)

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