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Former Supreme Court judge Justice K.M. Joseph has suggested that a permanent and regular Constitution Bench may be constituted in the Top Court, as an institutional reform, to decide on important issues in the country.

"I've always believed that the fundamental duty, role of the Supreme Court as the Apex Court, as the Constitutional Court, the Superior Court, the Highest Court, is to decide expeditiously on the matters of the greatest moment to the country...So my humble and respectful request is that the Supreme Court must have a permanent Constitution Bench...as an institutional reform, the Court may consider having a regular Constitution Bench,"

Justice Joseph made the suggestion while speaking at event organised by the Kerala High Court Advocates' Association (KHCAA) and the Constitution Debate Club.

Justice Joseph delivered a lecture on the topic 'Liberty Across Continents: The Enduring Legacy of the American Declaration of Independence & the Constitution of India' in the event held to commemorate the 250th Anniversary of the United States Declaration of Independence.

The suggestion to have a permanent Constitutional Bench was made while pointing out the long pendency of important matters, including a reference made in 2016 on the question as to whether courts can dictate timelines to a Speaker when deciding anti-defection petitions.

Justice Joseph quoted a few examples in different States, where there was inordinate delay on the side of the Speaker in deciding these petitions.

"Look at our country. Look at the amount of defection that is taking place is our country. Everybody in this country should be shocked at what is happening. We do not know about where the truth lies – we hear about 'carrot and sticks', we hear about the ED being used, we hear about large sums of money being pumped out. It happened in Maharashtra, it happened earlier also. It is happening right in front of our eyes. Would the American revolutionaries, who had fought and won independence, have kept quiet? If they had seen this being done to their motherland? We allow it to pass by, notice it for a few news flashes, news discussions," the former judge mentioned in this context.

Justice Joseph mentioned two other case laws on the topic decided by the Apex Court - Rajendra Singh Rana v. Swami Prasad Maurya [2007] in the context of defections in Uttar Pradesh and the recent decision in Padi Kaushik Reddy v. The State of Telegana where Speaker was given a 3-month timeline to decide on the disqualification of BRS MLAs who defected to the Congress party.

In his speech, the former judge also gave an elaborate picture of the American Constitutional history, starting from the country's colonisation. He also highlighted the contrasting ways in which the Americans and Indians resisted the British rule and unjust laws as well as the means adopted to achieve independence.

 Justice Joseph also touched upon the right and the need to protest against injustice in a democratic country:

"Now we are in the midst of protests in India. From what I will be telling you, you will realise that remaining supine without response when injustice after injustice is heaped on you, it really does not make you a democracy. Protesting, dissenting, expressing your opinion strongly is the fundamental basis of democracy and this is what the Americans have shown."


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