The recent disclosure by an Hon’ble judge of Gauhati High Court that 99% of court cases in Nagaland were against the government deserves greater attention. The remarks carried in it a message that the government needed to pull its socks up as all is not well with the health of democracy in Nagaland.
With such a staggering number of court cases against it, one cannot help but reflect on the growing frustration of the people with the executive and the legislative branches of the government.
Litigation as a strategy to hold governments accountable is a growing trend in the context of what has been termed as ‘governance vacuum.’ One of the latest instances has been on the right to health when the court stepped in to address government’s handling of the devastating COVID pandemic in several countries.
That almost all court cases in Nagaland have been against the government is not surprising given the poor state of governance that is characterized by rampant corruption where several crores worth projects are perennially in a state of incomplete and where backdoor appointment is the norm, and meritocracy, the exception.
The constitution provides for separation of powers to ensure checks and balances in the system and judicial review is an integral part of the democratic system. For the executive and the legislature to act fairly and transparently, the judiciary through judicial review holds the government accountable.
People go to court because governments fail to discharge their duties diligently and according to the rule of law. The court steps in only after political and administrative options are exhausted.
The present scenario calls for deep thinking on why the executive and the legislative branches of the government of Nagaland have failed to be responsive and responsible.
Narrowing the growing trust-deficit between the government and the citizens is key for our democracy to survive and strive. It is time the electorates seriously rethink how our representatives are elected who run the government.
Issued in public interest by
May 24, 2022