Ex-SC Judge Kurian Joseph Says Supreme Court Must Act If Warnings Fail, Calls For Stronger EC Safeguards

Former Supreme Court judge Kurian Joseph has said constitutional courts must go beyond issuing warnings when democratic institutions face threats, describing the Supreme Court as a watchdog responsible for protecting the Constitution.

Speaking amid protests in Delhi demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar over alleged irregularities in electoral roll revision, Joseph stressed the importance of judicial accountability, peaceful public demonstrations and an independent Election Commission of India (ECI).

He made the remarks at a constitutional convention titled “Independence of Election Commission of India – Compromised?”, organised by the Indian Association of Lawyers (IAL) of Kerala at the Kerala High Court Chamber Complex.

‘Supreme Court Must Act If Warnings Fail’

Joseph drew an analogy between the judiciary and a watchdog, saying courts must take further action when warnings fail to achieve their intended purpose.

“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,” he said, according to Bar and Bench.

He emphasised that the Supreme Court’s responsibility as the guardian of the Constitution extends beyond alerting citizens when constitutional principles or institutional independence are threatened.

According to a LiveLaw report, Joseph also stressed that the Chief Election Commissioner represents an institution rather than an individual, underlining the importance of protecting the independence of the office.

‘Street Coming To The Rescue Of Democracy’

Joseph said peaceful public demonstrations become important when Parliament and the judiciary fail to adequately protect democratic principles.

Referring to socialist leader Dr Ram Manohar Lohia, he said, “When the Parliament and courts fail, then the street would come to our rescue.”

He argued that declining public confidence in constitutional institutions had contributed to the protests witnessed in Delhi.

Joseph added that citizens had a responsibility to respond to such circumstances through informed and peaceful demonstrations, stressing the importance of civic participation in protecting democracy.

Calls For Constitutional Safeguards For Election Commission

Addressing concerns over the ECI’s independence, Joseph warned that the integrity of the person heading the constitutional body was crucial to maintaining public confidence in its functioning.

“Once the integrity of the person holding that high office is compromised, then there is no independence, and that is the death knell for democracy in India,” he said.

Joseph called for constitutional amendments to establish stronger safeguards governing the appointment of Election Commission members and their service conditions.

He argued that these provisions should be incorporated into the Constitution rather than left to Parliament, saying such changes could help protect the commission’s autonomy and integrity.

The former judge also questioned the difference between the removal procedures applicable to the Chief Election Commissioner and other Election Commissioners. He argued that officials holding equivalent status should receive comparable safeguards.

Justice Joseph Raises Concern Over Lawyers’ Silence

Joseph also expressed concern about divisions and silence within the legal fraternity, recalling the role lawyers have historically played in defending constitutional values during periods of democratic uncertainty.

“I always held a position that the silence of the lawmen would create more violence, more problems in society than the violence of the lawless men,” he said.

He reiterated that constitutional courts, particularly the Supreme Court, must alert citizens whenever the Constitution or institutions entrusted with safeguarding it face potential threats.

Describing the Election Commission’s autonomy as essential to India’s constitutional framework, Joseph said the institution was intended to function independently.

Remarks Come Amid Anti-CEC Protests In Delhi

Joseph made the remarks in the wake of protests protesting against irregularities in the Special Intensive Revision (SIR) of electoral rolls under Special Officer Gyanesh Kumar.

The protests include detentions, movement curbs and interference with public activity. The general debate has also raised the question of the independence of constitutional institutions and the role of the judiciary in protecting the democratic process.

Joseph's comments highlighted the importance of an independent Election Commission; effective constitutional protections and peaceful public engagement when citizens feel democratic institutions are not working as they should.

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Susmita Modak

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Always love to raise the unraised matter. In a world of worries, I am always ready to come over my comfort zone and taking the step ahead of spreading awareness.

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