LAW RESOURCE INDIA

Why such mismatch between public statements and responsibility?

Posted in DEMOCRACY, ELECTION LAW, FUNDAMENTAL RIGHTS, GOVERNANCE by NNLRJ INDIA on February 27, 2012

DHANANJAY MAHAPATRA IN THE TIMES OF INDIA

Elections energize a common man to push a small button on a voting machine with a prayer that his vote goes to a responsible person who as the people’s representative in the assembly or Parliament will safeguard his interests and better his conditions. Since poll speeches are not on signed stamp paper, politicians often attempt to promise the moon to the electorate. In the process, many stray outside the Model Code of Conduct zealously enforced by the Election Commission to keep the polls an even contest between ruling party candidates and other hopefuls.

Prior to appointment of T N Seshan as chief election commissioner on December 12, 1990, the model code of conduct was violated by candidates with impunity. Seshan cracked the constitutional whip and succeeded in cajoling strict adherence to the model code of conduct by political parties and candidates.

Elections are meant to send responsible persons as people’s representatives. But often, elections stir the political and social atmosphere to the extent of making even the most sober among the politicians give statements in clear breach of the model code of conduct.

First, it was law minister Salman Khurshid who made a poll promise of carving out quota for Muslims in jobs. Within a week of him being chastised by the EC, fellow Congressman Beni Prasad Verma repeated the mistake and dared EC to take action. Why did Khurshid, who knows law better than most, commit such a folly? And despite his clear indictment, why would his colleague follow suit?

If these two incidents were not enough, another minister Sriprakash Jaiswal goofed up by declaring that if a Congress government was formed in Uttar Pradesh after the elections, there would be President’s rule.

Threat to impose central rule in a state in the midst of a multi-phase election process is a serious breach of model code of conduct capable of influencing people to cast votes in a particular way.

Whatever be the motive behind these statements, a particular dumbness appears to infect politicians during elections when they refuse to learn from mistakes. They forget that democracy flourishes only in a democratic atmosphere and under democratic conditions.

The same cannot be true of Press Council of India chairperson Justice Markandey Katju, a retired judge of the Supreme Court. It was least expected of Justice Katju, who has tremendous knowledge of law and apex court judgments, to threaten a state government with dismissal.

Looking into certain incidents of violence against journalists in Maharashtra and the state government persistently ignoring PCI’s notices, Justice Katju recently issued a showcause notice accompanied with a threat that if this time the state failed to respond, he would recommend to President to “dismiss the state government” under Article 356(1) of the Constitution.

The Congress-NCP government must be laughing as Justice Katju’s threat is more hilarious than legal. Those who have read the apex court’s landmark judgments on Article 356 in S R Bommai case, Kihoto Holohon case, State of Rajasthan case and the latest one in Rameshwar Prasad case would be scratching their heads in bewilderment. For, the Constitution vests the governor of the state concerned and none else with the power to recommend dismissal of a state government.

The streak of irresponsibility found in persons holding high offices had made the Supreme Court to say, “It is incumbent on each occupant of every high office to be constantly aware of the power in the high office he holds that is meant to be exercised in public interest and only for public good, and that it is not meant to be used for any personal benefit or merely to elevate the personal status of the current holder of that office.” [Rameshwar Prasad vs Union of India, 2006 (2) SCC 1].

For similar reasons, Seshan, despite transforming the Election Commission from a constitutional “lamb” to a “roaring tiger” ready to bite rogue politicians, too faced the apex court’s flak when he imagined himself to be the sole dictatorial protector of elections, which is the heart of democracy.

In T N Seshan vs Uuion of India [1995 (4) SCC 611], the SC had said, “His (Seshan’s) public utterances at times were so abrasive that this court had to caution him to exercise restraint on more occasions than one… This gave the impression that he was keen to project his own image. That he has very often been in newspapers and magazines and on television cannot be denied… The CEC has been seen in a commercial on television and in newspaper advertisement… The CEC is, it would appear, totally oblivious to sense of decorum and discretion that his high office requires even if the cause was laudable.”

We sincerely hope politicians and holders of high offices will take a look at the 1995 judgment and bring sobriety into their public utterances.

http://timesofindia.indiatimes.com/india/Why-such-mismatch-between-public-statements-and-responsibility/articleshow/12048723.cms

One Response

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  1. siddharth jain said, on February 28, 2012 at 02:37

    article 356(1) reads as follows:
    If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution,…..
    so the author has failed to recognize that person other than the governor can report to president to enforce this section……


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