Yadaa yadaa hi dharmasya, glaanir bhavati bhaarata, abhyutthaanam adharmasya, tadaatmaanam srjaamyaham (loosely translated, this means there is a divine force at work to ensure that the right thing — dharma — is done). It is probably a little over the top to liken the Supreme Court to Lord Krishna, though one cannot but be reminded of these lines from the Bhagavad Gita because there is, indeed, a war of righteousness being fought. That said, the bad news for the country is that the Government's credibility, never solid, has been eroded even further after the Supreme Court's judgment in the P. J. Thomas case. The Court has set aside his appointment as the Central Vigilance Commissioner because there was a criminal case pending against him. It has also been critical of the Government for not just having gone ahead with the appointment after the Leader of the Opposition had expressed her dissent in writing but also for the reason given by it for doing so — that it did not know about the case! The Court has also, rightly, said that the CVC's job should not be reserved for candidates from the Indian Administrative Service and that all persons of proven integrity should at least be considered for the job. The same logic should apply, one may say, to several other posts. But that is another matter.
The good news for the country coming out of the judgement is that the Indian state is functioning well, in particular its constitutional bodies. Be it the Supreme Court or the Election Commission or the Comptroller and Auditor General or, of course, the judiciary, all are delivering in terms of making the Executive more accountable. The judiciary, as everyone knows, has been doing its bit for much longer than the other institutions. But since they are also catching up, no one can ask for more. That, after all, was the original thought behind the design of the Constitution — namely, checks and balances.
There are several dimensions to the case. As a former Cabinet Secretary has pointed out, it is not Mr Thomas who has been found wanting; it is the Government. Mr Thomas was implicated in a political battle between the two main parties in Kerala and the case against him was registered for carrying out a Cabinet order! How can any officer function if this sort of thing is permitted? Even so, the Prime Minister, who fancies himself as an upholder of moral values, should have known that, justified or not, you simply cannot appoint a person with a criminal case against him or her, to high Constitutional office. So, whatever happens to Mr Thomas — a year from now few may remember his name — the Prime Minister's reputation for high thinking at least, if not simple living, has taken a sharp knock.