Former Supreme Court justice Kurian Joseph has said constitutional courts must do more than raise concerns when their interventions fail to protect democracy, drawing an analogy between the judiciary and a watchdog entrusted with guarding the Constitution.
“We have heard that famous saying that the barking dog seldom bites. But this watchdog, this guardian (the Supreme Court), is bound to bite also if the barking does not lead to the desired result,” Justice Joseph was quoted as saying by Bar and Bench. The event was organised by the Indian Association of Lawyers (IAL) of Kerala at the Kerala High Court Chamber Complex. His remarks come amid protests in Delhi demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar over allegations of irregularities in the revision of electoral rolls. The demonstrations have involved mass detentions, restrictions on movement and disruptions to public services, prompting the Supreme Court to intervene. The former Supreme Court judge also expressed concern over divisions within the legal fraternity, recalling the role lawyers have played in defending the Constitution during threats to democracy, regardless of political and communal differences.
The former SC justice also said that the Chief Election Commissioner is “an institution, not a person” and the Supreme Court, as the Constitution’s watchdog, is “bound to bite” if its warnings don’t work, according to a LiveLaw report.
“We always say the constitutional courts, and more particularly the Supreme Court of India, are the guardians of the Constitution, the watchdogs of the Constitution. When does the watchdog bark? It barks when something entrusted to its custody is sought to be or perceived to be or threatened to be disturbed.
Because the custodian, owner, we the people, should be alerted.”, it barks.
