Supreme Court can direct President to act, says Justice Chelameswar
Chennai: Former Supreme Court judge Justice Jasti Chelameswar asserted that the apex court has the constitutional authority to issue directions to the President of India, similar to its power to review laws enacted by Parliament.
Delivering the Rakesh Endowment Lecture on the theme ‘The 75th Year of the Constitution’ on Saturday, Justice Chelameswar defended the Supreme Court’s recent directive requiring the President and governors to grant assent to state legislation within a stipulated time frame. He emphasised that the judiciary’s role in reviewing laws extends to issuing binding instructions to constitutional authorities.
“We have accepted that the judiciary can determine whether a law is constitutional. To say that it cannot direct a constitutional office-holder like the President to act would be constitutionally doubtful,” he remarked, in response to a question from former Madras High Court judge Justice C.T. Selvam. The question had referenced recent comments by Vice President Jagdeep Dhankhar, who questioned the Court’s authority to issue such directives.
Justice Chelameswar noted that much of the controversy could have been avoided had the Supreme Court directed the Union Government to offer appropriate advice to the President regarding assent to bills. “The President acts on the aid and advice of the Union Cabinet. Had the Court directed the Union Government to advise the President within three months, there would have been no objection,” he said.
On the issue of conflicting Central and State laws, the former judge elaborated on Article 254 of the Constitution, noting that a state law can prevail if it receives presidential assent. “If the President refuses assent, what recourse does one have?” he questioned, highlighting the critical role of the President’s discretion in maintaining federal balance.
Responding to another query by Justice G.R. Swaminathan of the Madras High Court regarding the current direction of India’s constitutional journey, Justice Chelameswar observed, “It is a long march. There is no overnight solution.”
The lecture was held in Chennai and was organised by the Rakesh Endowment Foundation in association with the Roja Muthiah Research Library, marking the birth anniversary of Rakesh Ranganathan, late son of senior advocate and DMK Rajya Sabha MP, N.R. Elango.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
