Constitution facing challenges from autonomous institutions, including judiciary, says former Supreme Court Judge

Former Supreme Court judge B. Sudershan Reddy observed that the Constitution was facing challenges from all autonomous institutions, including the judiciary, whose duty was to uphold it.

Citing the controversial verdict by a judge of the Tamil Nadu High Court on the petition related to the lighting of the sacred lamp at Subramaniya Swamy temple in Thirupparankundram, he said the courts, like other institutions, were under the obligation to adhere to the Constitutional norms.

Participating as chief guest in a seminar on ‘Challenges in implementing the Constitution’, jointly organised by the All India Lawyers’ Union (AILU) and Jana Vignana Vedika here on Sunday, Justice (Retd.) Sudershan Reddy said his statement might appear to be a sweeping one, but it was not without a basis, while pointing out that there were multiple judgments that were perceived to have undermined Constitutional principles.

“The process of judicial appointments and transfers has also been quite often doubted, requiring remedial action,” he said.

Referring to the Governors’ refusal to read out the speeches given to them by the elected governments in the Legislative Assemblies and their growing tendency to walk out was unfortunate, he observed.

He emphasised that the defiance of the Council of Ministers by a Governor should be dealt with appropriately. The inability to impeach a Governor for misconduct, contrary to the provision to remove the President of India or the Vice-President through due procedure, was a Constitutional vulnerability, he asserted.

‘SIR objectionable’

Further, Justice (Retd.) Sudershan Reddy said the Special Intensive Revision (SIR) of electoral rolls was objectionable as all possible efforts were being made to eliminate non-citizens, migrants and foreign nationals on unjustifiable grounds.

The fact that the “reservoir of powers,” which the Election Commission of India (ECI) possessed, was meant to ensure free and fair elections should never be forgotten.

He said he delimitation of constituencies had its own repercussions, including huge financial implications, and faulted the repeated “felicitations” of Union Ministers by the Chief Ministers of States, saying it was bad in the federal system of governance.

JVV State president K.S. Lakshman Rao, former MLCs K. Nageshwar, V. Balasubramanyam and M. Geyanand, AILU National Executive president Sunkara Rajendra Prasad and State secretary Narra Srinivasa Rao were among those who spoke.