The Hindu : Karnataka / Bangalore News : ‘Bommai case verdict is a celebration of democracy’

Online edition of India's National Newspaper
Wednesday, Nov 14, 2007
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Karnataka

Karnataka - Bangalore

‘Bommai case verdict is a celebration of democracy’

Staff Reporter

‘It imposes moral framework on political and constitutional authorities’

BANGALORE: Eminent judges and an academic on Monday described the landmark Supreme Court judgment in the S.R. Bommai case on the use of Article 356 as a celebration of democracy that also imposes a moral framework on both the political functionaries and constitutional authorities.

Speaking at a seminar on “S.R. Bommai Case Judgment and Political Discipline” organised by the Janata Dal (United), the former Chief Justice of the Kerala and Karnataka High Courts, V.S. Malimath, said, “But for this judgment, defining the Governor’s role and subjecting Presidential prerogative to judicial scrutiny, B.S. Yeddyurappa could not have been sworn in as Chief Minister today.”

M.N. Venkatachalaiah, former Chief Justice of India, said the judgment was a celebration of democratic values that are enshrined in the Constitution, apart from having put the fear of the consequences of juggling with the interpretations of the law in politicians.

“Today, we ask ourselves how the judiciary can protect democracy, and this verdict is the answer. This case alerted the public mind, and the fact that Governors have to justify their decisions to recommend President’s rule,” Mr. Venkatachalaiah said.

“After all, democracy has been described as the amount of time we are willing to waste in debate and discussion on matters,” he added.

Sudhir Krishnaswamy, faculty and expert on constitutional law, said this verdict had finally brought the role of the Governor into the public domain, where the adherence to the rule of law by the various players is under public scrutiny.

“No longer can the excuse that the possibility of horse-trading or other illegalities by the MLAs be touted as a reason, without being questioned,” he said.

The case has also accentuated the difference between “political constitution” and “legal constitution”, again in the public domain. Earlier, the courts had said they would not look beyond or behind Presidential prerogative to question the invoking of Article 356, but now they were saying that they (courts) will do so in certain cases, if they saw malafide intention, or Governor’s recommendation appeared prompted merely by a desire to dismiss the Government, Dr. Krishnaswamy said.

The Janata Dal (U) State president B. Somashekhar and Basavaraj Bommai, MLC and son of the late Chief Minister S.R. Bommai, were present.

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