"Few Govts Being Run With A Single Person/Few Persons Exercising Real Authority Like In US": Madras High Court

The Madras High Court last week observed that though the form of government both at the Centre and in the States is fashioned after the Westminister style, in fact, some of them work with a single person or a few persons exercising real authority. The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing the plea praying that more prominent parties, conduct their internal elections prior to facing the forthcoming Tamil Nadu Assembly Election, 2021 forthwith. The plea before the Court The plea sought direction to the respondent to submit a report before the Court ensuring that all the recognized political parties in the State of Tamil Nadu, have completed their respective internal party elections prior to facing the forthcoming Tamil Nadu Assembly Election, 2021 forthwith. To this, the Court remarked, "There is some basis to the petition and, if nothing else, the sentiment expressed by the petitioner needs to be respected." The Court also observed that the Constitution is silent on the nature and qualification of the political parties which put up candidates for election to legislative bodies Court's observations At the outset, the Court observed that the petitioner insinuated that a democratic process of election as envisaged by the Constitution couldn't be meaningful without the political parties participating thereat embracing the democratic ethos and completing their internal elections in the first place. Significantly, the Court opined, "It may not have been in the contemplation of the Constitution-makers that though the form of government both at the Centre and in the States was fashioned after the Westminister style, in fact, some of them would be run on the presidential basis as in the United States with a single person or a few persons exercising real authority." Importantly, the Court also observed, "It is plain to see in certain cases that the collective authority or the collective wisdom that the Constitution envisages governments to be run by, may not be effected even in the letter, far less in spirit." However, the Court did note that since the Assembly elections have already been concluded, the prayer had become infructuous and the relief can no longer be granted. However, the Court did underline that the petitioner's sentiment must be respected as it reveals the highest regard for democratic principles. The Petition was thus disposed of without going into the matters canvassed by the petitioner and by leaving the petitioner free to press the grounds at a more appropriate stage. Case title - S.Surya Moorthi v. The Union of India [W.P.No.2426 of 2021] Click Here To Download OrderRead Order

"Few Govts Being Run With A Single Person/Few Persons Exercising Real Authority Like In US": Madras High Court

Sparsh Upadhyay

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