A few govts are being run as in US, says HC

CHENNAI:  Observing that a few governments were being run as in the US, with a single person or a few persons exercising real authority, the Madras High Court on Saturday said that the Constitution envisages a government, both in the Centre and State, to be run through collective wisdom and authority.

The first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy, said, “The Constitution is silent on the nature and qualification of the political parties which put up candidates for election to legislative bodies.

It may not have been in the contemplation of the Constitution-makers, though the form of government, both at the Centre and State, was fashioned in the Westminster style. It is plain to see.... the collective wisdom that the Constitution envisages governments to be run by, may not be effected even in the letter, far less in spirit.”

The observation pertains to a plea moved by S Surya Moorthi, challenging the AIADMK’s participation in the recently concluded elections, without holding intra-party polls. The court, while disposing of the plea, observed that the petitioner’s sentiments had to be respected.

“The petitioner insinuates that a democratic process of elections, as envisaged by the Constitution cannot be meaningful, with political parties participating and not holding inner elections,” said the bench, adding that his sentiments must be recorded in the highest order of democratic principles. The bench further stated that the petitioner is free to approach appropriate forums, and “nothing in this order should be regarded as a rejection of the contentions raised by the petitioner.”