Why a Honeymoon Period?
The Constitution also allows a non-member of the house to become
the PM/CM/Minister. It is hard for the author to understand the logic
and motive behind such a provision. If a leader wants to be the head
of the government, he/she should contest the election. This provision
allows for a deliberate by-election, as the CM/PM should have to get
elected within six months. The constitution can not expect automatic
vacancy to arise within six months after a general election. In a
way, it allows for deliberate resignation of a sitting member to pave
way for the CM/PM. The Constitution also allows a person to contest
from two constituencies. Again the logic and motive is hard to imagine.
If contesting form more than two constituencies is not allowed, what
is the rational behind the limiting number two? Coming back to the
six months provision for a non-member to be a Minister, the court
should have insisted the nation to ponder about and debate especially
when this provision is getting misused. In Pondicherry also, the present
Chief Minister Mr. Shanmugam has to get elected within next few days
tot he assembly. The MLA who is vacating the seat to pave for his/her
leader should be made to pay thrice the cost of conducting the by-election.
If filing nominations in more than two places could be illegal and
could have mischievous motives, vacating the seat within six months
after getting elected could also have hidden agenda.
Check for Remote Controls
There is wide spread suspicion that Jayalalitha may become the remote
control for this new government like Bal Thackeray and Lalloo Prasad
yadav. The extra-constitutional authority is the new menace to our
democratic system. We must be innovative in passing a legislation,
which would provide no space for the extra-constitutional authorities.
This author suggests that Election Commission should de-recognize
those political parties, which are headed by a convicted and/or charge-sheeted
person. Also, these leaders should be prohibited to campaign in the
election and also to occupy any party positions. If a political party
entertains the convicted and/or charge-sheeted to hold the primary
membership of the party, it should be de-recognized. In such a scenario,
the members belonging to the party would be forced to contest as individuals
and without the help of that convicted or accused leader how much
ever charisma he/she ahs amongst the masses. Thus, the only way to
get rid of extra-constitutional authorities is to force the political
parties to disown their convicted and/or accused leaders, however
they are powerful and charismatic. This would eliminate the danger
of a "puppet CM/PM" running a State or the country. By throwing the
convicted/accused leader, if a political party wins the hearts of
people and a new leader emerges, he/she would not be in a pathetic
situation to confess, "he/she is only a temporary Chief Minister".
Anti-Constitution and Contempt of Court
Several Ministers led the demonstrations in Chennai and Kancheepuram
against the verdict of the Supreme Court in the case relating to the
appointment of Ms. Jayalalitha as Chief Minister. They have reported
to have participated in burning the effigies of the Prime Minister
Vajpayee and the former CM Mr Karunanidhi. In fact, Subramaniam Swamy
got the approval from the then Governor Chenna Reddy to file the case
on TANSI deal. Are these Ministers and MLAs not risking their offices
due to violation of oath taken by them to uphold the Constitution?
The Supreme Court is the highest institution for upholding the Constitution.
They are protesting against the verdict of the Supreme Court. They
should know it better that it is contempt of the court. They attribute
political motive to the verdict of the Highest Court. When the Supreme
Court unseated Indira Gandhi and the Supreme Court sentenced PV Narasimha
Rao, they did not attribute political motives to the verdicts. Action
should be taken against all of them, as their acts are anti-constitution
and they should be made to demit their offices. If the Chief Minister
Mr Pannerselvam does not take action against these erring ministers
and MLAs, he should be deemed to have insulted the constitution and
failed in upholding the Constitution. He should be unseated. Few years
back, when DMK MLAs burnt the copies of the Constitution, the then
Speaker P.H. Pandian dismissed 10 MLAs from the House as it was anti-Constitution.
Calculated Game or Suicide?
For a close political observer, these demonstrations and burning
effigies convey one thing, which is the ulterior intention of gaining
sympathy/fanning political animosity in the ensuing local body elections.
If this demonstration does not stop, it may even be with the intention
to deliberately invite the presidential rule in the State to gain
sympathy in the next election. Whatever is the political compulsion
for the new CM and the AIADMK MLAs they should understand that there
is a law above them.
Go Beyond Jayalalitha
The case relating to Jayalalitha's appointment as Chief Minister
has far-reaching consequences and should not be viewed as a judgement
against a person.If one goes in to the fundamental contradictions
of the case related to Jayalalitha's appointment as Chief Minister,
a plethora of questions need answers. Sue Motto the Supreme Court
should have addressed them or the least should have recommended the
Law Ministry to make appropriate amendments to the Constitution. If
legal experts share the views of this author that many entangled issues
with respect to the way we practice our democracy came to the fore
due to the claims of Jayalaithaa's counsel (that People voted her
to power and people are above constitution) and if the legal luminaries
think that they deserve clarifications/amendments, would the judiciary
take notice of them and bring the remedy? The "person-oriented" and
"personalized" politics may be the reality of the day (and helps politicians
like Jayalalithas and Lalloo Yadavs to take excuse in the name of
people's court) but that is not the way our constitution envisaged
our democracy. All said, the characters of our leaders (probity in
public life) and enhanced awareness of their master (that is the voter)
alone would preserve the purity of the constitution and governance.
Laws and Acts are like the banks of a river for a good democracy.
If the banks can be breached, river would flow wherever the valley
is. In such a situation, the democracy would be on its decline. Let
us not allow aberrations to change the course of our democracy.
