Judging constitutional bodies will replace rule of law with rule of men: Harish Salve (IANS Interview)

Posted on by Vividh Bharathi

New Delhi, May 5 (IANS) Former Solicitor General of India and senior advocate Harish Salve on Tuesday disapproved of West Bengal Chief Minister Mamata Banerjee’s refusal to formally resign after the Assembly election defeat, warning that attacks on the ECI or constitutional bodies amount to judging constitutional institutions by personal standards that may lead to replacing the rule of law with the rule of men.

In an exclusive interview with IANS, Salve spoke of an increasing tendency among politicians to question constitutional institutions despite taking an oath to protect and preserve the Constitution, the options before West Bengal Governor after Banerjee’s refusal to resign and the similarity between her and AAP leader Arvind Kejriwal’s anarchist playbook.

Here is the full interview:

IANS: Do you think Mamata Banerjee’s refusal to resign has created a constitutional crisis?

Salve: Her term ends in two days. As far as the states are concerned, unlike the Union, the Governor has the option of either inviting her to continue as caretaker Chief Minister at the end of two days or advising the Union to impose President’s rule. I think it is a burst of anger, and hopefully it will blow over… the constitution has enough muscle to deal with the situation.

IANS: How do you see Banerjee’s allegations of wrongdoings in the election to challenge its fairness?

Salve: Speaking for myself, it is a constitutionally valid election. Therefore, by definition, fair. If each of us starts judging every action of every constitutional institution by our own standards, then it’s a rule of men and not the rule of law. I have seen in the last 10-12 years an increasing tendency to say either you look at things my way or you are a liar. It’s a ‘Trans-Atlantic virus’ of my truth versus your truth instead of the truth.

Some people are not willing to accept change. If some people feel they have a right to govern India or to be in office, then it is their misconception. It is unfortunate that people aspire for a political office within the constitution.

IANS: Do you see a tendency to disobey the Constitution in Mamata Banerjee’s refusal to resign as Chief Minister even after losing the election?

Salve: To say that I want to be the chief minister, which is a constitutional post, but I will not follow the rules of the Constitution, is very unfortunate. She took an oath five years ago to protect and preserve the Constitution. It’s time to remind our leaders, once in a while, that they have taken an oath to protect and preserve the Constitution and not to wave a red book with empty pages on it.

IANS: How do you see the repeated attacks on constitutional institutions, including calling the ECI a villain?

Salve: If you have taken an oath to protect and preserve the Constitution, then you need to accept that this Constitution leaves the decision of certain issues in the hands of constitutional institutions and the ECI and the Supreme Court are constitutional institutions.

You went to the Supreme Court and said that this is all wrong, please stop the SIR, but they said no. The court said the elections will go on despite the deletion of names. The voters list and elections are decoupled. It’s not that the election is valid only if the voters’ list is valid. So, you have to accept this.

IANS: What are your views on Arvind Kejriwal’s letter to a High Court judge and allegation of bias?

Salve: Since 2014, I have seen an increasing trend among certain sections of political society that they are the prosecution, the judge and the jury. What they say is right. And if you disagree with them, if the institutions disagree with them, then the institutions are corrupt.

If the institutions decide in their favour, then they are great; otherwise, they are corrupt, dishonest and intellectually and morally. This amounts to replacing a rule-based order with a person-based order.

–IANS

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