ARTICLES
========
BY M SANTHNAM
-------------
1)Doctrine of Checks and Balances
======================
It is a well accepted doctrine and a cardinal principle of democracy that the three branches Legislature, executive and judiciary should function in perfect harmony in order to achieve common good. If all the three powers are concentrated in one individual, it is dictatorship pure and simple, and any abuse of authority will remain unchecked. Right from Aristotle mankind has been striving for good governance and the three separate powers have been carved out towards that objective. This doctrine had its origin in Greece and was later moulded by English and French philosophers The Legislature enacts the laws to be obeyed, the Executive enforces it and the Judiciary interprets it. These areas are well defined and each branch functions within their own parameters. But then for a smooth working of the three limbs, there are checks and balances, inbuilt in the respective constitutions providing a safe mechanism preventing one branch from encroaching on the powers of the other. The phrase “separation of powers” does not appear in the US constitution. It is deeply ingrained in the structure of the Constitution. All executive power is accorded to the President, legislative powers to the Congress and the judicial power is given to the Supreme Court and other Courts as Congress from time to time ordain and establish. Each branch has powers and restrictions and these are called the system of checks and balances. This pattern applies not only to the Federal structure but also to the States constituted under the authority of the Constitution. The principles enunciated by Aristotle, reiterated by Locke, Harrington and Montesquieu influenced the framers of the US Constitution. The Constituent Assembly of India took the patterns from different Constitutions in framing the Constitution of India.
US Congress has the right to enact laws and it cannot delegate its authority. In Clinton Vs City of New York the question arose whether Congress could delegate the “line item veto “to the President by which he was empowered to selectively ratify certain provisions before signing it. The US Supreme Court held that the law was unconstitutional. In an earlier case the court considered whether Congress could delegate to the courts the power to prescribe the judicial procedure. Chief Justice John Marshall held that determination of rules of procedure was a legislative function He however made a distinction between important subject and mere details. If general provision had been made and filling up the details remained to be done, it would not be violative of the constitution. The Executive power is not unfettered and is regulated by the Constitution. There are certain appointees War claims Commissioner, Inter State Commerce Commission, and Federal Trade Commission etc who can not be removed by the Executive.
It is rightly said that the three branches are so far separated as to have no constitutional control over each other. The system is designed to allow each branch to restrain abuse by each other branch adverting to the Legislative powers; we find that the appointment of the Judges or Executive officials the concurrence of the Congress is necessary. It is significant to note that Congress determines the compensation to be paid to them. The Congress has no powers to reduce the same during the tenure of appointment. The emoluments of the members of the Congress can be increased by them. But it must be noted that (by an amendment) such increase would be applicable only after the next bilinear Congressional elections. The House of Representatives have the powers to impeach Judges and officials. The Senate tries them. The members of the House of Representatives cannot be impeached but expelled a majority. A Senate member cannot be expelled except by a two third majority of the Senate. If there is a conviction of a Senate member or member of the House of Representative there is an automatic removal. The Senate has powers to inflict further punishment barring him from holding any public office.
When no Presidential candidate gets majority, the House of Representatives chose the President from the top three. If it is a Vice President election, the Senate chooses from the top two candidates. For filling up an interim vacancy of Vice President Senate approval is necessary. Such approval is also necessary for the appointment of Cabinet and Senior officials. The Congress sets the jurisdiction of the Courts as also the number of Courts. The President appoints the judges on the advice and consent of the Senate.
The President has to approve any bill passed by the Congress, He has the power of Veto but the Congress has an overriding power and they can reject the Veto by a two third majority in each house. The Vice President is the President of the Senate. The President can grant pardon and reprieves without the concurrence of the Courts. The President can be impeached by the Senate and the Chief Justice of the Supreme Court presides over the session.
Thus the checks and balances work by and large effectively in US. George Washington used his Veto power only twice. James Madison used his Veto power seven times. Though they had the powers, the Executive Legislature and Judiciary have worked within the framework of their authority. The power of judicial review has been exercised with great circumspection and soley in public interest. The great pronouncements o the Supreme Court in the case of the minorities and the rights of women are guiding principles for other nations.
India has gained by the experiences of advanced nations and the Supreme Curt of India has laid down in many leading
Cases Principles of justice liberty and equality. The Judiciary has prevented the erosion of rights of the citizens by the executive and Legislature. The Judgments in Golaknath case, Bank Nationalization case, Keshavananda Bharathi case and the Minerva Mills case are significant milestones in our democracy. Executive is aware that their actions would come under the scrutiny of both the Legislature and Judiciary We have similar provisions as in US for the removal of the judges and the President. There were occasions when the legislature asserted their rights by passing acts to get over judicial observations. Thus In India also the checks and balance operate effectively and future alone would determine the measure of our success. The alternative is dictatorship and no citizen would opt for such a course.
-------------------------------------
2)Sandals Divine
================
Swami Vedantha Desikan was born in Thoopul near Kanchipuram He lived for 101 years 1269 to 1370. He is considered the great Vaishnavite Acharyas next only to Ramanuja. He has composed several poems both in Sanskrit and in Tamil. His works are marked by the fullness of poetry, superb devotion, philosophy,poetic genius, perfect rhythym and majesty of language. He has written a commentary on Gita besides treatises on Visihitadwaitha and the vedas. It is said that when Malick Kafur invaded Sri Rangam, Desika built a wall to save the sanctum sanctorum and thus saved the temple from destruction.
In those days there were two factions among the vaishnavites. One of the rival poets challenged Swami Desika one evening whether he could compose a poem on the most shabby and unpoetic theme “The sandals.” The scholars who were with Swami Desika wanted him to accept the challenge. For the first parts of the night the great poet was observing yoga and yoga nidtra. Then he woke up and wrote 1000 stanzas on the Divine Padhukas of Lord Ranganadha. It is a great masterpiece and revceals the extraordinary talent of the author besides exhibiting his masstery over the epic. All of us know the greatness of the Sandals of Lord Rama which ruled Ayodya during his exile in the forest. Vedantha Desika exelled in his interpretation of that great episode and Padhuka Sahasram is a wonderful and powerful addition of Sanskrit poetry. Persons visiting Vaishnavite shrines used to be blessed with the Satari. On the top of that venerated object one will find the imprints of the Divine Padhukas. When you are blessed with that Sattari you should bow in reverence and close your mouth with one hand.That is the way one should receive Divine blessings.It denotes the Ashtachara Mantra. The eight lettered word Om Namo Narayana.(in Tamil)It represents the eight virtues Non violence, sensory control, Universal compassion, patience, wisdom, austerity, meditation and truth.Vedanta Desika who is known as “ Vedantha Kesari” was able to acquire extraordinaary inspiration and unfathomable imagination even though he was challenged to compose a poem on an object not famous.But the way in which he has descsribed the Divine Padhukas discloses what a marvellous genilus he was. It will be my endeavoour to highlight a couple of his unique poetic charm.
We all know that Bharatha came to the forest and wanted Rama to retlrn to Ayodhya but Rama was not prepared for it. Bharatha took the Padhuka and Desika interprets it as a wise move and he crowned himself to glory rather than merely wear the regal symbol and carry on the blemish that he had contrlved to send Rama to the forest. The Padhuka saved Bharata from public abuse and perenial curse. One cannot but admire the way in which the poet has looked at the event.
The poet then says that Bharata wanted Rama to step into the Padhuka first and then step out before handing them over to him{Bharatha). Vaalmiki has mentioned it and Swami Desika has attributed a meaning for that event. Kamban or Tulsi Das do not refer to it. The significance is that the”stepping in” give the sandals the spiritual vibrations of the Divine and the sandals beame sacred and venerated and remained an object of worship for the next fourteen years. The sandals thus accorded the support and sustained the welfare of the three worlds. The interpretation by the poet make us understand that the object is not an ordinary kind but one with Divine vibrations ingrained in them.
The poet extols the Padhukas adorning the Divine feet as being more saacred than thegarland of pearls worne by the Lord.for the Padhuka is placed on the head while the garland adorns only the chest.The importance is more to the sandals than to the garland.Glory to the Divine Sandals.
In another stanza the poet says that the Padhukas were superior to Sugreeva and Vibishana because they were coronated in their respective kingdoms long after the Padhulas were coronated by Bharatha at Ayodhya. The sandals got the priority in that aspect also as they were worne by the Lord.
In another stanza the poet says that Rama walked through the forest without the Padhukas after that event and in order to walk through the forest bare fotted he wanted protection and that was the reason why he stepped into the Padhukla once and stepped out so that the Divine Saandals may protect Rama who chose to take a human form. The glory of the great Lord is indicated in the verses.
In another verse the poet states that Bharatha came to the forest only to persuade Rama to return. When that was not possible he wanted some security. Nornally one will ask for a seculrity more valuable and higher in worth than the sum lent. In this case the PADHUKAS were rated higher as Rama declined to return.
It is obvious that these verses could not have been written by oridnary mortal but only by a person with Divine Blessings and Grace. That the entire composition was done in one night keeps us in utter amazement at the talent and devotion of the great Baktha. The 1000 verses in praise of the Divine Sandals are indeed a treasure for anyone seeking self realisation and Divine glory. May the Avatarapurusha Bless us all for many more years to come.
(Writer is Former Judge and was Member of (Judicial) CEGAT New Delhi. He is also spiritual and deep thinker)

--------------------------------------