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

Bengaluru: 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 (NLSIU) 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.

"I am amazed by the foresight of our constitution makers to provision sub-article (2) to Article 324 to enable appointment of such number of Election Commissioners, over and above the Chief Election Commissioner, to constitute the Commission," said Justice Narasimha.

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.

"The Information Commissions constituted under the RTI Act is also body of immense constitutional significance as it further ensures accountability and transparency in government functioning by creating a mechanism for citizens to access information from public authorities," said the justice.

Adding that their independence from the government is a hallmark of their functioning, Justice Narasimha said, for this, the RTI Act secures the appointment, tenure, conditions of service, and removal of their officers.

Despite the importance of 'integrity institutions', Justice Narasimha said as citizens we have glossed over the significance and underestimated the capacity and relevance of these institutions.

"There is hardly any discussion, reflection and scholarship on public institutions. Importantly, we have collectively failed to re-invigorate and recast some of our institutions which are stuck in an analogue mode in a digital world," he added.

He also highlighted the tasks that lie ahead of us as a constitutional democracy, like fixing infrastructural and enforcement failures, as well as lack of autonomy.

"My attempt today was only to kindle a serious conversation around how our institutions work. A conversation which I hope will be sustained one 'not just in terms of legal scholarship, but also which will contribute to the actual working of our democratic Constitution," added Justice Narasimha.