Tuesday, October 3, 2023
HomeLawA matter of principle: The tenure of Justice KM Joseph

A matter of principle: The tenure of Justice KM Joseph

Chief Justice Joseph began by observing that the invocation of Article 356 ought to be seen in the larger canvas of the federal polity of India. The soul of the matter, said the learned Chief Justice, “is whether, in the federal/quasi-federal set-up we have, it is open to the Central Government to get rid of State Governments uprooting the democratically elected Governments and introduce the attendant chaos in the system undermining the confidence of a little man, who stands with a little white paper, in the words of Sir Winston Churchill, to cast his precious vote battling snow, the scorching heat and the rain.”

Finding that the Presidential proclamation was founded on material that was wholly extraneous, the Court quashed the same with the observation, “that toppling of a democratically elected Government breeds cynicism in the hearts of the citizens, who had participated in the democratic process. It undermines the foundations of federalism.”

In a memorable passage, Justice Joseph observed,

The carrying out of the policies, ordinarily, in accordance with the manifesto, which Parties may take to an electorate, is an important function, which is to be carried out by the persons, who are elected. They stand in the danger of being worsted at the hustings should they fail before the people during the time they have been given. Any interference, which is not made legitimately, therefore, will essentially work out as an interference with the life of the common man, who has trusted his destiny with his representatives whom he has elected. It is this democratic principle, which would become the first victim when action under Article 356 is not legally and constitutionally premised.”

Source: Barandbench

- Advertisment -

Most Popular

Recent Comments