Integrity of constitutional institutions should be insulated from political influence, says Supreme Court Judge

BENGALURU, Dec 22: India must protect the integrity of its constitutional institutions from outside interference, including those that are politically motivated, said Justice P S Narasimha, Judge, Supreme Court of India, on Sunday.
Justice Narasimha was delivering the Justice E S Ventakaramiah Centennial Memorial Lecture, organised by the National Law School of India University in Bengaluru.
Justice Venkataramiah served as the 19th Chief Justice of India. He previously served as a judge of the Karnataka High Court, as well as the Advocate General of Mysore. According to the Supreme Court Observer, he was a part of benches that pronounced 720 judgments. Of these, he authored 256 judgments during his term at the Supreme Court.
In his lecture, Justice Narasimha said integrity of the institutions can be maintained only by putting in place safeguards in the appointment, decision making and removal process of individuals who helm these institutions.
He also added that the topic of the memorial lecture, ‘Reimagining Constitutional Institutions: Integrity, Efficiency, and Accountability’ is relevant, as Justice Venkataramiah belonged to that generation of judicial statesmen who played an active role in developing and sustaining institutions.
Justice Narasimha dwelled in detail about the role of ‘Fourth Branch Institutions’ like the Election Commission, the Comptroller and Auditor General of India, Union and State Public Service Commissions, and the National Commissions for SCs, STs, and OBCs.Giving the example of the Election Commission, for instance, the justice said, “Today, we take it for granted that there is a separate body outside the executive to hold elections for Parliament and state legislatures.However, it is important to recognise that before its institutionalisation, it was possible for elections to be conducted through the executive branch,” said the judge.He lauded the vision of India’s constitution-makers who chose to institutionalise the superintendence, direction and control of elections through a body outside the Executive. He went on to add that the non-constitutional fourth branch institutions like the Central Vigilance Commission and the Central Information Commission, can also be categorised under ‘integrity institutions’, which should be insulated from political influence.He also said our Constitution is not a mere legal document, but an instrument of social change. He said it has clearly demarcated constitutional spaces for the traditional three branches the executive, the legislature, and the judiciary.
“There is the occasional trespass, if I may use that term; there is a contestation as to the custody of Constitutional spaces, but that only underlines that there is a system of checks and balances,” he added.According to him, these checks and balances are put in place by the ‘Fourth Branch institutions’. “We need other institutions or procedures which can make the traditional branches accountable, accessible and open to the citizenry.” We need institutions that can withstand political tribulations, hold power wielding officials accountable and ensure a smooth democratic process,” said the judge.He also talked about how the citizenry is entitled to ask questions at the traditional branches and receive replies in an accountable manner. (PTI)