Team Goemkarponn
PANAJI: Former Chief Justice of the Allahabad High Court and ‘Enough is Enough’ convenor Justice Ferdino Rebello has criticised the functioning of constitutional institutions, stressing that courts must protect the core principles and philosophy of the Constitution.
Speaking during a special podcast with LOCAL channel, Rebello said the Supreme Court should interpret constitutional provisions in a manner that safeguards constitutional morality, public interest and the rule of law. He also acknowledged that the apex court “has failed us sometimes”.
Rebello raised particular concerns over the interpretation of the Tenth Schedule, saying the judiciary must ensure that constitutional principles are not diluted while dealing with issues relating to political defections.
He suggested that the problem of defections could be addressed by not treating legislative parties as completely independent entities from the political parties under whose banner legislators contest elections.
The former Chief Justice also questioned the functioning of the Election Commission and said constitutional authorities must be subject to the highest standards of accountability.
“If what’s on record is true and what both Election Commissioners are stating is factual, the Chief Election Commissioner has failed the Constitution and he has no business to be on that post anymore,” Rebello said.
He maintained that constitutional institutions must function in a manner that strengthens public confidence and remains firmly aligned with constitutional values and the rule of law.
