Opinion Presidential election
In the present Presidential election,use of intemperate language at times and canvassing by the contesting candidates are reminiscent of college and trade union elections
Presidential election
In the present Presidential election,use of intemperate language at times and canvassing by the contesting candidates are reminiscent of college and trade union elections. Controversy has arisen about conscience vote advocated by some persons. In this context,it must be remembered that election of the President is a political election by an electoral college comprising 4,896 electors,viz. 233 and 543 members of the Rajya Sabha and Lok Sabha respectively and 4,120 members of State assemblies. A political party would naturally expect its members to vote for its Presidential nominee according to the partys directive. Example cited of the 1969 Presidential election when Sanjeeva Reddy and V V Giri were the rival contestants is misplaced because at that time there was no anti-defection law which is in operation under the Tenth Schedule of the Constitution,Clause 2(b) provides for disqualification of a member if he or she votes or abstains to vote contrary to partys direction,in other words the party whip,unless the member has obtained prior permission from his party. Tenth Schedule was challenged in the Supreme Court inter alia on the ground that penalty of disqualification under clause 2(b) violated freedom of conscience of the member. The Supreme Court,however,upheld the constitutionality of the Tenth Schedule. In that view of the matter conscience vote apparently has hardly any constitutional significance. Ideally,it would be desirable that a party should permit its members to vote according to their conscience. Unfortunately,ideals are misfits in political elections and one has to live with the current anti-defection law.
Disturbing developments in Pakistan
Harmonious relations between three important wings of the State viz. the Parliament,the executive and the judiciary are imperative for political stability. Events in Pakistan have come to a head because of refusal of the Pakistans former Prime Minister Gilani to comply with the Supreme Courts order to write to the Swiss authorities asking them to reopen graft cases against President Asif Ali Zardari. The Supreme Court did not accept Gilanis contention that compliance with the Courts order would breach the immunity enjoyed by the President under the Constitution. It held him guilty of contempt which subsequently led to his disqualification. The present Prime Minister Raja Pervez Ashraf has been given time up to July 25 by the Supreme Court to comply with its order with a warning that in event of non-compliance the Court may initiate appropriate action against him.
In order to protect Prime Minister Ashraf from conviction for contempt of court,Pakistan has enacted a new law which confers blanket immunity from contempt of court proceedings to top government functionaries including the President and the Prime Minister. This law prima facie strikes at the authority and independence of the Court. Contempt power is inherent in courts of record like the High Courts and the Supreme Court and is essential to ensure effective dispensation of justice and functioning of the courts by implementation of its orders upon pain of contempt. If the Courts orders are flouted with impunity,the rule of law is subverted and the functioning of an independent judiciary is undermined. The law is bound to be challenged resulting in acrimonious litigation. Regrettably the Parliament and the executive are on a collision course with the judiciary. In this context,I am reminded of the dictum of Ernst Freund that to know what you may do and what you may not do,and how far you may go in,is the first condition of political liberty.
Good breeze
It is sad that the meeting of the Foreign Secretaries of India and Pakistan did not yield any useful tangible results. But that was not unexpected. What is heartening is the warm reception and hospitality the Pakistan authorities extended to the crew and passengers of our civilian aircraft which had to make an emergency landing in Pakistan. The cost of refuelling the aircraft was gracefully tided over and the crew and passengers were treated as guests of the Pakistan government. Is it foolish to hope that the same spirit may prevail in official India-Pak relations?
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