Column

Extraordinary situations demand extraordinary measures.

The Constitution is silent on many issues as its founding fathers had a sincere belief that situations potentially dangerous to its very existence would never arise.

Like, the constituent assembly was concerned with the independence of lawmakers and insulated them from pressures. It granted MPs and MLAs legal immunity for utterances and actions in the House.

The advantage was exploited when MPs accepted bribe for voting in favour of the government in a crucial confidence motion. The Supreme Court (SC) regrettably put its seal of approval on the acceptance of bribe by three MPs.

Legitimate concern has been expressed by constitutional pundits, political parties and jurists on the decisions to be taken by the three-member election commission (EC) regarding the forthcoming polls.

The April-May general elections are crucial considering the global economic slowdown, sapping morale of investors and consumers, and rising unrest among people against government inertia.

But EC itself is a divided house. Chief election commissioner V Gopalaswamy has recommended the removal of his colleague Naveen Chawla. But the government not only wants him to stay but elevate him to replace Gopalaswamy in April.

The Constitution provides for a free and autonomous EC. The independence shown by the commission in the recent past resulted in less bloodshed during polls.

Notwithstanding the president’s position as head of the state who acts with the aid and advice of the political governance, it would be expedient that she refers the issue of removal of an EC to the top court.

Another issue that can’t wait for a decision is whether SC judges are public servants, as held by Madras high court chief justice K Veeraswamy, and if yes, why can’t they be directed to disclose their assets to CJI to strengthen transparency and accountability.

Even as the issue is pending before HC, it would be desirable the same is decided by a full HC bench. After all people’s faith in the judicial dispensation must not be allowed to erode further.