On a Dark Path

Context: Democracies continued existence and functioning is inextricably linked to its adherence to the rule of law and constitution.    

Unprecedented Assaults by Constitutional institutions 

• Rajasthan Governor’s: lack of constitutional sanction by raising arbitrary and unrelated issues to delay the process and defy the calling of a session of the Assembly.
• Neither Constitutional provision/precedent nor SC bench allows the governor to defy the calling of a session.

• 7-judge bench in Shamsher Singh and a five-judge bench in Nebam Rebia have confirmed this.
• Babasaheb Ambedkar: Governor is required to follow the advice of his ministry in all matters.

• High Court’s: premature and extra-jurisdictional intervention to “stay” the Speaker’s notice.
• HC disregarded the decision of SC (Kihoto Hollohan, 1992) just to halt the disqualification of individuals.
• HC has not provided any reasoning/justification for its departure from constitutional precedents.

Consequences

• Democracy will cease to exist if all constitutional institutions fall to the wayside and capitulate in an unconstitutional manner. 
• Casual revisiting of foundational constitutional principles is a cause for concern.
• Pathological political desperation, even in the face of a pandemic to seize power is neither honourable nor legal.

Conclusion: Maintain constitutional vigil so that other constitutional institutions, which are sought to be bullied and undermined, stand together, and uphold the rule of law.

Lal Bahadur Shastri, “Hold dear the rule of law, so that the basic structure of our democracy is maintained and strengthened”.