Social Scientist. v 3, no. 32 (March 1975) p. 61.


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NOTES 61

in West Bengal were overthrown in this manner. This mechanism, in fact, enables the ruling party a<" the centre to perpetuate its authority and throttle any opposition party which poses a serious challenge.

Committed Judiciary

The judges of the Supreme Court and of the High Courts are appointed by the President, that is, the Prime Minister and the Cabinet. The judges are drawn from landowning and propertied classes. The result is that they are biased in favour of properly rights and, therefore, they interpret the constitution accordingly. It is not fortuitous that judges have been interpreting the word 'compensation5 as meaning the full market value of the property acquired and creating obstacles to bank nationalization and the abolition of the privy purses of the princes.

The administration of justice is so expensive that working people are practically prevented from entering the portals of 'justice5. In fact, bourgeois justice is so costly that it can be purchased only by the bourgeoisie and not by the proletariat.

Civil Service

Government officials at higher grades are recruited through the Union and State Public Service Commissions which are under direct control of the central government. It is the bureaucracy which primarily maintains and operates the instruments of class power. Even the laws made by parliament or state legislatures are executed bv the bureaucrats and if they do not like a particular law, it would fail because it would either not be enforced or implemented in a manner which will defeat its purpose. Article 316 provides that the chairman and other members of a state Public Service Commission shall be appointed by the Governor. Further, nearly one half of the members of every Public Service Commission must have served the government for at least ten years. Therefore, young persons fired with the zeal of reforming bureaucracy by selecting the right type of candidates are shut out of the membership of the Public Service Commissions.

Bureaucrats are selected by the Union Public Service Commission for the top levels of the state service. Thus, even if a radical partv assumes power in a state, it would be undef" constant threat of Article 356 (Presidential takeover) and the laws passed by a radical party would be continually set at naught by the officials appointed by the centre.

Election Machinery

The electoral system adopted by the constitution is indicative of the bourgeois character of the state. Property pla^s an important role in elections. Though the limits imposed on the candidates with respect to election expenses are as Rs 35,000 and Rs 10,000 for the central and state legislatures respectively, it is a proved fact that lakhs of rupees are doled out by the candidates. A recent ordinance practically removes the limits on the expenses because a candidate can Fpcnd as much as he wishes



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