In a recent address, retired Supreme Court Justice KM Joseph emphasized that rulers do not possess an inherent or divine right to govern, highlighting the necessity for leaders to derive their authority from the consent of the governed. Justice Joseph spoke at an event organized by the Kerala High Court Advocates’ Association and the Constitutional Debate Club, marking the 250th anniversary of the United States Declaration of Independence.
Concerns Over Political Defections
Justice Joseph expressed his concerns regarding the rising instances of political defections in India, which, he argues, undermine the democratic process and the mandate of the people. He pointed to recent events in Maharashtra and alleged misuse of the Enforcement Directorate (ED) for orchestrating defections, stating, “Look at our country. Look at the kind of defections which have been taking place in our country. Everybody in this country should be shocked at what is happening.”
He criticized the normalization of such political practices, drawing parallels with historical events like the American Revolution, suggesting that citizens should not remain passive in the face of such injustices.
American Principles and Indian Democracy
Justice Joseph reflected on how the ideas enshrined in the American Declaration of Independence, such as natural rights and liberty, have influenced constitutional developments globally, including in India. He underscored the significance of the rule of law and the duties of citizens to obey the law beyond mere enforcement by authorities.
Highlighting the importance of protest and dissent, Justice Joseph asserted these as fundamental to a functioning democracy, stating, “Protesting, dissenting, expressing your opinion strongly, these are the fundamental basis of democracy, and this is what the Americans have shown.”
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Call for Institutional Reforms
Justice Joseph advocated for the establishment of a permanent Constitution Bench in the Supreme Court to address long-pending constitutional matters efficiently. He urged the judiciary to resolve such issues within a year to maintain constitutional integrity.
Furthermore, Justice Joseph raised concerns about the influence of large media and business houses on public discourse, emphasizing the right of citizens to be informed to effectively engage in democratic processes.
Judicial Independence and Appointments
Addressing the critical issue of judicial appointments, Justice Joseph called for harmonious relations between the central and state governments and the judiciary to ensure the selection of competent and independent judges. “My fervent appeal is that this discord, this disharmony between the centre and the state and the judiciary should be cleared at the earliest so that you get the finest judges,” he remarked.
