A Government Protesting: Who Will Administer Justice?

The spectacle of a state government, especially its Chief Minister, taking to the streets to lead a protest march raises profound questions about the fundamental role of governance. What does it mean when the highest office in the state, the very entity responsible for upholding law and order, finds itself marching in protest? Such a scenario beckons a deeper inquiry into the essence of government, the separation of powers, and the very mechanisms that sustain a functioning democracy.

Who is the Chief Minister of West Bengal? Mamata Banerjee. Who is the Home Minister of West Bengal? Mamata Banerjee. Who is the Health Minister of West Bengal? Mamata Banerjee. And, who is protesting against the brutal rape of a doctor in West Bengal? Mamata Banerjee.

The paradox here is stark. A government, which is constitutionally mandated to protect its citizens and ensure justice, is seen protesting against a failure that lies within its jurisdiction. The Chief Minister, Mamata Banerjee, who also holds key portfolios including Home and Health, is protesting against the very system she oversees. The question then arises: if the government protests, who governs? If the Chief Minister, who holds the reins of the state’s justice and administrative machinery, feels the need to protest, does it not signify a profound failure of her administration?

In a democratic setup, the government is not merely an entity of power but a custodian of the legal and justice systems. It is entrusted with the duty to investigate crimes thoroughly, ensure a fair and timely judicial process, and deliver justice to those wronged. When a brutal crime like the rape and murder of a woman doctor takes place, it is the government’s responsibility to act decisively, to bring the perpetrators to justice, and to provide the victim’s family with the necessary support and closure. This is not just a matter of legal obligation but a moral imperative that forms the bedrock of public trust in governance.

However, when the government, instead of wielding its power to ensure justice, chooses to protest, it sends a conflicting message. It suggests either an inability or an unwillingness to fulfill its fundamental responsibilities. The image of the Chief Minister leading a protest march, while being the very authority responsible for law and order, creates a dissonance that cannot be ignored. It raises an uncomfortable question: who will administer justice if those in power themselves are out on the streets protesting?

This situation is not just an administrative anomaly; it is a contradiction that threatens the very fabric of governance. The Chief Minister’s decision to protest blurs the line between the executive branch and the public, raising concerns about the efficacy of the state’s justice system. If the Chief Minister, who controls the police and the home department, feels the need to protest, does it imply that the justice system in West Bengal is inadequate? Does it suggest that the mechanisms in place to address such heinous crimes are failing? And more critically, does this not erode the public’s confidence in the government’s ability to deliver justice?

Governance in a democracy is rooted in the separation of powers, where the executive, legislative, and judicial branches operate independently to maintain a balance of power. This separation is crucial to ensure that no single entity wields excessive power and that justice is administered impartially. When the government, which represents the executive, steps into the role of a protester, it risks overstepping its boundaries. It puts undue pressure on the judiciary, which is tasked with the objective determination of guilt and the administration of punishment. The Chief Minister’s protest, while perhaps intended to express solidarity with public outrage, can inadvertently influence the judicial process, undermining the independence of the judiciary.

Moreover, the precedent set by such actions can have far-reaching consequences. If the government itself resorts to protest to demand justice, it may embolden others to bypass legal avenues and take matters into their own hands. This could lead to a breakdown of law and order, where the public, seeing the government protest, may feel justified in doing the same. Such a scenario could result in a dangerous erosion of trust in the legal and administrative institutions designed to protect society.

The role of the government in a crisis is not to protest but to lead, to take decisive action that restores order, and to ensure that justice is served. The public looks to the government for protection, leadership, and resolution. When the government protests, it abdicates its responsibility, leaving a vacuum that can only lead to chaos. The image of the Chief Minister leading a protest might appeal to emotions, but it raises serious concerns about the state’s capacity to govern effectively.

The Chief Minister’s protest also raises questions about the state’s internal processes. Why does the government feel the need to protest? Is it because the administrative and judicial systems under its control are not functioning as they should? If that is the case, the responsibility for this failure lies squarely with the Chief Minister and her administration. Protesting against the failures of one’s own government is not an act of leadership; it is an admission of defeat.

In times of crisis, the government must act with authority and clarity. The Chief Minister should be focusing on strengthening the justice system, ensuring that law enforcement agencies are empowered to investigate and prosecute the crime, and that the judiciary is supported in delivering a fair and swift verdict. These are the actions that restore public confidence and maintain the integrity of the state’s governance.

Furthermore, the protest by the Chief Minister diverts attention from the real issue – the systemic failures that allowed such a crime to occur in the first place. Instead of addressing these failures head-on, the protest risks becoming a spectacle that overshadows the need for real, substantive action. The Chief Minister should be held accountable for the state’s response to the crime, not be seen as a mere participant in a protest that seeks to deflect responsibility.

The government’s primary role is to govern. It must create and maintain the conditions for justice to prevail. This includes ensuring that the police force is competent and impartial, that the judiciary is independent and empowered, and that the public has faith in the state’s ability to protect them. A government that protests against itself undermines these very principles and calls into question its legitimacy.

It is also worth considering the broader implications of the Chief Minister’s actions on the political landscape. By protesting, the Chief Minister might be attempting to position herself as a leader who is in touch with the people’s emotions. However, this approach is fraught with risks. It blurs the line between governance and populism, where the need to appear aligned with public sentiment takes precedence over the duty to govern effectively. This could lead to a dangerous shift in political culture, where leaders prioritize symbolic actions over substantive governance.

The protest also raises important questions about accountability. If the government, under the leadership of the Chief Minister, is protesting against its own failures, who will be held accountable for these failures? In a functioning democracy, accountability is a cornerstone of governance. The Chief Minister, as the head of the state, is accountable to the public for the state’s administration. By leading a protest, she may be seen as shirking this responsibility, diverting attention from her role in addressing the issues at hand.

The Chief Minister’s protest is symptomatic of a deeper malaise within the state’s governance structure. It reflects a lack of confidence in the very systems that the government is supposed to uphold. If the government itself does not trust the legal and justice systems, how can the public be expected to? This lack of confidence can have a corrosive effect on the state’s institutions, weakening them and making them less effective in the long run.

In conclusion, while the Chief Minister’s intentions in leading a protest may be well-meaning, the implications of such actions are far-reaching and potentially damaging. The government must focus on its core responsibilities: to govern, to enforce the law, and to deliver justice. Protesting is not the role of the government; administering justice is. The public looks to the government for leadership and protection, not for protest. If the government cannot ensure justice, then who will?

The Chief Minister’s protest is a stark reminder of the importance of governance. It underscores the need for a government that is strong, decisive, and capable of addressing the challenges it faces. A government that leads through action, not protest, is what the public deserves and what the state of West Bengal needs. The Chief Minister must step back from the protest and step into her role as the head of the state, to lead the charge in ensuring that justice is served, and that such tragedies are prevented in the future.

The public does not need a government that protests; it needs a government that governs. It needs a government that can deliver justice swiftly and fairly, without the need for public demonstrations of frustration and helplessness. The government’s role is to act, to lead, and to protect. Anything less is a failure of the very principles that democracy is built upon. If the government protests, who governs? If the Chief Minister protests, who administers justice? These are the questions that the people of West Bengal must ask, and the answers must come from the very government that is entrusted with their welfare.

Justice must be served not through protest, but through the decisive actions of a government that understands its role and responsibilities. The Chief Minister must refocus her efforts on strengthening the institutions of justice, ensuring that the perpetrators of such heinous crimes are brought to justice, and that the public’s faith in the government is restored. The time for protest is over; the time for governance is now. The people of West Bengal deserve nothing less.

Yours faithfully,

Shri Cherian Momin

Social Activist Walbakgre Tura West Garo Hills Meghalaya