News Desk: Former Supreme Court judge Kurian Joseph has said constitutional courts must take effective action when their warnings fail to protect democratic principles. His remarks came amid protests in Delhi demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the revision of electoral rolls.
Speaking at a constitutional convention titled “Independence of Election Commission of India – Compromised?”, Joseph compared the Supreme Court to a watchdog responsible for protecting the Constitution. He argued that the judiciary must do more than issue warnings when constitutional institutions face challenges.
“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 reports by Bar and Bench and LiveLaw.
The convention was organised by the Indian Association of Lawyers at the Kerala High Court Chamber Complex.
### ‘Street coming to the rescue of democracy’
Joseph expressed concern over declining public confidence in constitutional institutions. Referring to socialist leader Ram Manohar Lohia, he said peaceful public demonstrations could become necessary when Parliament and the courts failed to protect democratic principles.
He urged citizens to participate in protests in an informed and peaceful manner, stressing that public engagement was important for safeguarding democracy.
His comments came against the backdrop of demonstrations in Delhi over allegations concerning the revision of electoral rolls. The protests have also triggered controversy over police action, detentions and restrictions affecting public movement.
### Calls for stronger safeguards for Election Commission
Joseph emphasised that the independence of the Election Commission of India was essential to the country's democratic framework. He argued that the appointment process and service conditions of Election Commission members should be protected through constitutional amendments rather than being left entirely to parliamentary legislation.
He also questioned why the removal process for the Chief Election Commissioner differs from that applicable to other Election Commissioners, arguing that comparable constitutional offices should have appropriate safeguards.
Joseph said the integrity of the person heading the Election Commission was closely linked to the institution's independence.
### Concern over silence in the legal fraternity
The former judge also criticised what he described as silence within sections of the legal community when constitutional principles were at stake. He recalled the historical role of lawyers in defending democratic institutions and stressed that members of the legal profession had a responsibility to speak out against potential threats to constitutional values.
He described constitutional courts as guardians responsible for alerting citizens when the Constitution faces a challenge.
Joseph's remarks have brought renewed attention to debates over judicial accountability, electoral independence and the role of peaceful public protest. His comments reflect his views on the responsibilities of constitutional institutions and the importance of maintaining public confidence in India's democratic framework.
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