People's Democracy(Weekly Organ of the Communist Party of India (Marxist)
December 24, 2006
SFI Rejects Ban On Activities In Campuses
THE Kerala High Courtís decision to ban organisational activities in college campuses and prevent the setting up of campus units of student organisations is highly objectionable. The High Court decision is nothing but judicial high handedness and hence the CEC calls upon the student community to ignore the undemocratic order of the High Court.
The Supreme Court had recently directed the states to implement the recommendations of the Lyngdoh committee that endorsed the studentsí right to association and the necessity of student union elections. When a Supreme Court order recognising student politics exists, no High Court can give an order contravening the SC order. The division Bench of the Kerala High Court while issuing such an order had in effect disrespected the judicial system and even the Constitution of our country. Hence the state need not implement such an unconstitutional order.
Instead of judging various cases judiciously, by using the judicial power, imposing the Judgesí own social and political subjectivism on the entire society is nothing but authoritarianism. Right to association is a fundamental right enshrined in the constitution under Article 19(1) c. Such a right is made available even to public servants including the police force. Denial of such a right to the student community has no backing of the Constitution and the law of the land.
The same bench of the High Curt that had banned the school student politics in 1996 and campus politics in 2003 allowed private managements to conduct student union elections according to their choice in 2004. All such judgments have little desk life. Destiny of the this new judgment also cannot be different.
The CEC asks the state government to file a review petition showing itís inability to implement the judgment, which is, contrary to the Supreme Court order. The CEC also calls upon the academic community to act in response to the unconstitutional and undemocratic order of the High Court.