7th March 2024 (9 Topics)
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Slow and unsteady
Context:
The delay in declaring the Tirukkoyilur Assembly constituency vacant following the conviction and disqualification of former Higher Education Minister K. Ponmudy in a disproportionate assets case contrasts with the prompt declaration of the Vilavancode constituency as vacant after the legislator resigned.
Delay in Declaration of Vacancy:
- Questioning process: The Tirukkoyilur Assembly constituency remained vacant for an extended period despite the conviction and disqualification of former Minister K. Ponmudy, raising questions about the legislative process.
- Notable delay: While other cases, such as the Vilavancode constituency, saw swift action after the resignation of the legislator, the delay in Tirukkoyilur's case is notable, especially considering the lack of a stay order from the Supreme Court on the High Court's conviction order.
- Questioning response: Despite calls from political leaders urging unbiased action, the delay in declaring the vacancy raises concerns about the legislative response to convictions under Section 8(1) of the Representation of the People Act, 1951.
Need for Judicial-Legislative Cooperation:
- Coordination between judiciary and legislature: With a renewed focus on anti-corruption cases by the judiciary, there is a call for better coordination between the judiciary and the legislature to ensure timely and effective action.
- Cooperation: Cooperation between the branches of government is essential to uphold democratic principles and instill confidence in the justice system's ability to combat corruption in public life.
- Balanced roles: However, it is crucial for both the judiciary and legislature to balance their roles in upholding the rule of law while respecting dissent and avoiding any perception of authoritarianism or judicial overreach.
Ensuring Fairness and Democratic Values:
- Transparent procedure: Upholding democratic values requires adherence to fair and transparent procedures by all branches of government, including the executive, legislature, and judiciary.
- Prevention of erosion of trust: It is imperative for institutions to abide by the rules and principles of democracy to prevent the erosion of trust and to safeguard against abuses of power.
- Balance between accountability and protecting: Striking a balance between accountability and protecting individual rights is essential for maintaining the integrity of democratic governance and ensuring justice for all citizens.
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