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Journalism of Courage
CHENNAI, Sept 28: Conscious and awakened people, a fearless Press, a vigilant Parliament and impartial judiciary will have to be countervailing forces to preserve and protect freedom and democracy, Madhu Dandavate, deputy chairman, Planning Commission, said on Sunday.
Delivering the 24th Frank Moreas Memorial Lecture, jointly organised in the city by the United Writers’ Association (UWA) and the Frank Moreas Foundation on Judiciary, Parliament and Executive’, he said problems would not be solved merely through the three arms of the state. Ultimately, it is the public opinion that had to assert itself, he said. The confrontation between the three, could be avoided if the Constitution was followed in letter and spirit.
Tracing the confrontation between the judiciary and Parliament, he said, Article 13 (2) which stated that the state shall not make any law which takes away the rights conferred by the Fundamental Rights and Article 368 on the Parliament’s power to amend the Constitution, became the root of confrontation.
However, the SC ruling in 1973 in the Kesavanand Bharati case was the saving grace for democracy. It drew a distinction between amending the Constitution and totally mutilating its democratic structure. The most atrocious one, was the 42nd Constitutional Amendment Bill adopted by Parliament during the Emergency. It gave immunity from criminal prosecution in normal courts to the Prime Minister, President, Vice-President and the Speaker of the Lok Sabha. “If the amendment had been sent for judicial scrutiny to a full Constitutional bench, it would be struck down,” said Dandavate.
There were however, democratic Parliamentary devices to prevent such infringements. In the famous Mundhra case in 1957, Feroz Gandhi had laid some confidential but incriminating documents on the table of the House. When members objected to it, Speaker Ananthasayanam Ayyangar had ruled that it was permissible as long as the member took responsibility for the documents. This set a precedent in dealing with corruption issues in Parliament.
Accountability of the executive to Parliament could be ensured through the device of privilege motion. In 1988, when the budget was presented by the Finance Minister, it was found that the revenue deficit was very low owing to the transfer of funds from the capital account side to the revenue account side. When a privilege motion was moved, the Speaker ruled that it was a wrong procedure.
As for judicial activism, Dandavate said, Ambedkar when asked what was the most important Article of the Constitution, had replied Art 32, which permitted the citizens to move the judiciary when all other avenues were closed. However, Dandavate said that judges must guard against giving directions to the government on trivial issues.
Former vice-chancellor of Pondicherry Central University K Venkatasubramanian appealed for the setting up of a school of journalism in the name of Frank Moreas.
