Editorial

Military rule, never again

Momentous judgment strengthening democracy
The High Court verdict reached on August 26, with its full text released as on December 29 against the 7th amendment, is not only emphatic but also far-reaching in consequence as far as safeguarding democracy from usurping onslaughts of martial law and military regimes goes. The judgment is of seminal importance because it strikes at the root of the entrenched and frequent practice of usurpation of power by extra-constitutional forces from elected heads of state and government that this country's history is tainted with. In fact, the two military regimes as the honourable judges have forcefully contended had put the clock of democracy back by decades. Thus the judgment has strengthened the constitutional ethos of democracy, civil rights and sovereignty of the people's power. We from the media, the broad intelligentsia and the academia including the student community have been expecting of an elected government to legislate against military rule, preferably on a bipartisan basis. Now that it has come from the highest court it is all the more welcome. It is a historic landmark, a powerful reproach rising to a historic necessity. But even as we rejoice in the judgment delivered from a commendable upright position taken by the judiciary, we can not but recall parts of the then judiciaries hobnobbing with the military adventurists. In the process, military rule got validated. We appreciate though, that the judges felt forced to be doing so under gun-point, so to speak. To rule out all such possibilities, we suggest inclusion of a provision in the constitution specifically debarring military takeover and also prohibiting judges administering oaths to such charlatans. It must clearly state that those who come to power through extra-constitutional means would be severely punished. In fact, we would go as far as suggesting capital punishment to the usurper. We believe if there were a provision like that the judges could take recourse to it if attempts were made to force them into obeisance. It must also be said that when aspiring usurpers had looked around for a footing they saw a readymade field in opportunistic politicians, political parties, civil society elements, even civil servants, keen to join the bandwagon. All this should never happen again. Finally, the judgment has opened the door for socio-political-institutional mobilisation of forces to stand up against any attempt, overt or covert, at imposition of military rule. This, with the underpinnings as suggested above, should ensure banishing of military rule from the country.