Supreme Court Judge Calls For Stronger Safeguards In Constitutional Bodies

Last Update:23 December 2024 00:17 IST

Justice Narasimha emphasized on protecting constitutional institutions from political interference; He underlined the guarantees regarding appointments, decisions and dismissals.

Justice Narasimha touched upon the importance of ‘Fourth Branch Institutions’ such as Election Commission and Information Commissions in ensuring democracy. (IMAGE: X)

India must protect the integrity of its constitutional institutions from external interference, including politically motivated ones, Supreme Court of India Judge Justice PS Narasimha said on Sunday.

Justice Narasimha was delivering the Justice ES Ventakaramiah Centenary Commemorative Lecture organized by the National Law School of India University (NLSIU), Bengaluru.

Justice Venkataramiah served as the 19th Chief Justice of India. He had previously served as a judge in the Karnataka High Court and Solicitor General of Mysore. He was part of benches that issued 720 decisions, according to the Supreme Court Observer. Of these, he wrote 256 decisions during his tenure at the Supreme Court.

In his speech, Justice Narasimha said that the integrity of institutions can only be ensured by taking security measures in the appointment, decision-making and dismissal processes of the people managing these institutions.

He further added that the topic of his memorial address titled ‘Redesigning Constitutional Institutions: Integrity, Efficiency and Accountability’ was relevant as Justice Venkataramiah belonged to the generation of judicial statesmen who played an active role in developing and sustaining the institutions.

Justice Narasimha spoke in detail about the role of ‘Fourth Branch Institutions’ such as the Election Commission, Comptroller and Auditor General of India, Union and State Public Service Commissions and National Commissions for SCs, STs and OBCs.

For example, giving the example of the Election Commission, the judge said, “Today, we take it for granted that there is a separate body outside the executive that will conduct elections for the parliament and state legislatures.

However, it is important to recognize that it is possible for elections to be held through the executive branch before institutionalization,” the judge said.

He praised the vision of India’s constitution-makers who chose to institutionalize the audit, administration and control of elections through a body other than the Executive.

“I am amazed at the foresight of our Constitution makers to frame sub-clause (2) of Article 324 to enable appointment of such number of Election Commissioners other than the Chief Election Commissioner to constitute the Commission,” Justice Narasimha said.

He added that unconstitutional fourth branch institutions such as the Central Vigilance Commission and the Central Information Commission can also be classified under ‘integrity institutions’ and should be insulated from political influences.

He also said that our Constitution is not just a legal document but an instrument of social change. He said the boundaries of the constitutional areas for the traditional three branches – executive, legislative and judiciary – are clearly defined.

“There are occasional break-ins, if I may use that term; “There is a dispute over custody of constitutional areas, but this only underscores the existence of a system of checks and balances,” he added.

According to him, these checks and balances are carried out by ‘Fourth Branch institutions’. “We need other institutions or procedures that can make traditional branches accountable, accessible and open to citizens,” the judge said. “We need institutions that can withstand political adversity, hold those in power accountable, and ensure a smooth democratic process,” he said.

He also mentioned that citizens have the right to ask questions at traditional branches and receive answers in an accountable manner.

“Information Commissions constituted under the RTI Act are a body of constitutional importance as they further ensure accountability and transparency in the functioning of the government by creating a mechanism for citizens to access information from public authorities,” the judge said.

Adding that their independence from the government is the distinguishing feature of its functioning, Justice Narasimha said for this the RTI Act safeguards the appointment, tenure, conditions of service and dismissal of civil servants.

Despite the importance of ‘integrity institutions’, Justice Narasimha said that as citizens we ignore the importance of these institutions and underestimate the capacity and relevance of these institutions.

“There is almost no discussion, thought or research about public institutions. “More importantly, we have collectively failed to revitalize and reshape some of our institutions that are stuck in analog mode in a digital world,” he added.

He also underlined the tasks before us as a constitutional democracy, such as eliminating the deficiencies in infrastructure and implementation, as well as the lack of autonomy.

“My attempt today was simply to start a serious discussion about how our institutions work. Justice Narasimha added that it was a conversation that I hope will be continued “not only from the perspective of jurisprudence, but also as a conversation that will contribute to the real functioning of our democratic Constitution.”

(This story has not been edited by News18 staff and is published from a syndicated news agency feed – PTI)