[Note: This article was published in December-January 2010-11 issue of CRITIQUE, the magazine of NSI-Delhi University Chapter]
- Dr. Sanjay Kumar
Delhi University Teacher’s Association, one of the strongest union of university teachers in the country suffered a humiliating setback recently. On 15th November, Justice Manmohan of Delhi High Court ordered DUTA to call off its strike against semester system for science courses introduced by the administration this year. Teachers are back in lecture halls, students on benches are getting ready for examinations, administration has its writ running back in the university; all is quiet on the campus front. The new VC would have hardly expected a more docile environment to establish his authority.
DUTA struggle was done in by the pincer movement of bureaucracy and judiciary. While the former remained adamant and did not come for any sort of negotiations, the latter determined teacher’s strike to be a blackmail. Indian judiciary in many recent judgements has held protest marches, hartals, strikes, etc. illegal. Its argument is that by disrupting regular social life these amount to taking hostage fundamental rights of citizens. Bureaucracy and judiciary are two important pillars of any liberal governing order. The former in its ideal Weberian type gives rational form to the operation of state power and class rule under liberalism. The main purpose of the latter is provision of argued justifications for the existing status quo, or to bring social reality back within rules if the deviations become too embarassing, as has happened with the 2-G spectrum scam recently. The reality of Indian bureaucracy and judiciary rarely matches with the liberal ideal. Our corrupt bureaucracy lords over citizens, brazenly and violently if they happen to be poor, dalit or adivasi. Our judiciary in many cases relies not on evidence and arguments but on sentiments and hearsay, as it did in the recent Babari Masjid title suit, or on ‘extraneous considerations’, as commented recently by the Supreme Court about the mess in Allahabad HC. The prime responsibility of the judiciary to ensure governance is abundantly manifest in the interim order of the Delhi High Court when it says ‘that in a democratic body polity, governance is the primary factor’, or when it claims that education results in a person becoming ‘disciplined, civilized and a man (sic) of compassion’ (emphasis added).