Skip to main content

Spectacle, Power, and Contempt

“Give evil nothing to oppose and it will disappear by itself”. These are the profound words of wisdom, expounded by Lao Tzu, which are often ignored by the socio-political or legal institutions in dealing with criticism. In the process of using power, such institutions create a discursive stimulation, which makes a powerful institution vulnerable in the eye of public. Michel Foucault, one of the greatest thinkers of power, diagnosed the evolutionary theme of power from the “spectacle of punishment” to “correctionary and disciplinary power”, and found its raison d'etre in human psyche, which sympathizes with those who, appear to be or, are portrayed as, victims. It appears to be a challenging task for the powerful institutions to allay dissatisfaction and suspicion, emerges out of the open display of the “spectacle of power”.

Soft Power

Modern society and the organisation of State have been developed over a few centuries along the line with soft-disciplinary power and its judicious exercise, only after the exhaustion of all the means of deliberation and communication. The recent judgement of the Supreme Court of India regarding the contempt of court in the case of Prashant Bhushan could be understood in this context.

Freedom of Speech and Democracy

There are various arguments in favour of the Freedom of Speech and Expression, and its role in shaping a substantive and vibrant democracy. Criticism is, as argued by the political commentators, including John Stuart Mill, the bedrock of progress and reform. In democracy, people are sovereign and supreme, and they have every right to criticise the institutions which are responsible for the administration of justice and governance. On the other hand, every freedom ought to be a responsible freedom. Freedom without responsibility is the fundamental cause of disharmony and disorder, results into un-freedoms. One should speak not for the sake of speaking; rather every expression must be made with fairness in the public interest.

Power of Punishment for Contempt

The power of punishment for contempt was originated in the Common Law System for the purpose of protecting the king from the criticism. Subsequently, this power was transferred to the judges, since they got the power on behalf of the king to exercise the judicial functions. In India, the power of punishing for the contempt was a part of the original scheme of the Indian Constitution. Article 129 of the Indian Constitution provides the power to the Apex Court to punish for its contempt. Article 215 confers the corresponding power to the High Courts in India. The Contempt of Courts Act, 1971 provides the categorisation of the concept of contempt as civil and criminal. Civil contempt is conceptualized as “wilful disobedience” of an order of any court, while criminal contempt includes, any word, act, or sign which scandalizes or tends to scandalize; lowers or tends to lower the authority of any court; which prejudices or interferes with any judicial proceeding; or which interferes with or obstructs the administration of justice.

Truth as Defence

In the case of Prashant Bhushan, he made accusation by tweeting that within six years the democracy in India has been destroyed without imposing a formal emergency, and he raised the accusation against the Supreme Court of India, particularly the last four Chief Justices of India. These accusations were very serious and general in nature. Of course, truth is one of the defences in the case of criminal contempt, added in the year of 2006. And one can express the truth without any fear in the interest of public. But in this case, he should have submitted the documents and other evidences to prove his accusation before the Supreme Court. Unfortunately, his allegations appeared to be more or less a personal reaction than a well-thought and reasoned expression. Twitter is not a perfect forum to criticize the public institutions. That space is not meant to provide a platform to argue scientifically with facts and evidences. It is required to be made in the space, where scientific discourse and discussions are possible. But in the end, the Supreme Court of India should have taken such opinions with a liberal attitude in the interest of institution. The proceeding against Mr. Bhushan has attracted all sorts of debates, discussions, and criticisms, which in the longer run, may be detrimental to the institution; especially in the public perception. Since the judiciary has no influence over “sword or purse”, to refer Hamilton, but it has only judgments. The power of judiciary lies in the public faith and confidence, which must be preserved through fairness in action and adjudication.  


Comments

Post a Comment

Popular posts from this blog

Imagination

Student: I want to excel in my life. Over the years, my graph of success is achieving a new height. I am doing hard work to become one of the smartest and richest persons on the Earth. Teacher: Wonderful! Who is  achiever and what is achieved? Student: I am the achiever. My name and fame are shining day by day.  Teacher: Who is this ‘I’? What is the material by which it is produced? Student: I is the ego which is the agent achieving successes and facing failures. Teacher: Whether ego is real or imaginary? Student: It is made of name, form, and function. Teacher: Whether name, form, and function are eternal?  Student: No, they are changing. Teacher: Anything changes does it exist? Whether these are real or merely fictitious images appearing and disappearing before the sightscreen of mind? Student: They are the images constructing my identity as a person. Teacher: Well said! What is the stuff by which these images are made of? Who is maker and what is made? Student: They ar...
Post a Comment
Read more

पिरोता जाऊँ एक माला ज़िन्दगी का

पढ़ता हूँ हर एक दिन एक ही पन्ना, हर दिन हज़ार ये मालूम पड़ते हैं। जबसे होश संभाला है एक ही पन्ना सवांरते आया हूँ, लोग इसे ज़िन्दगी कहते हैं। इसपे लिखे हर एक लब्ज़ जो मेरे मालूम पड़ते हैं, ना जाने कितने जुबां पे चढ़े होंगे। आज हम भी कुछ पल के लिए ही सही इसके सारथी हैं, जाने से पहले कुछ रंग मेरा भी इसपे चढ़ जाए, बस इसीलिए एक ही पन्ना बार बार पलटता रहता हूँ। हर कोई अनजाने किताब की तलाश में बाहर निकलता है, जिसका हर एक पन्ना वो ख़ुद है। जब ख़ुद के रंग को समझ ही ना पाया, तो भला इंद्रधनुषी किताब के क्या मायने हैं? अस्तित्व में ना जाने कितने पन्ने बिखरे पड़े हैं, बस एक से ही अवगत हो जाऊँ, उसके हर एक शब्द को चुनता जाऊँ, कुछ पल के लिये सही, पिरोता जाऊँ एक माला ज़िन्दगी का।
1 comment
Read more

Human's Rationality: Its Unfree-Freedoms

Cosmic energy is moving into various forms and patterns, its quest is to become, what Arthur Schopenhauer called 'will to live'.  (Arthur Schopenhauer, 1818). He is explicit that: “Thus the will to live everywhere preys upon itself, and in different forms is its own nourishment, till finally the human race, because it subdues all the others, regards nature as a manufactory for its own use. Yet even the human race...reveals in itself with most terrible distinctness this conflict, this variance of the will with itself…”. Every ‘will to become' is a movement, encompassing the history of past and future; the degree of rationality and its gradation are normativized by thoughts as hierarchy of souls and monads. Human being as likeness and image of God possess the highest truth, indeed! In fact, human being is the only species who possess and owns the truth, it is the only mode of being who puts truth at stake, constructs its horizons and claim of legitimacy and illegitimacy, defi...
Post a Comment
Read more