Constitutions are not made and interpreted by ordinary folks like you and me. We rely only on common sense and logic. Constitutions are the preserve of very wise men known as legal experts. Their wisdom generally is very esoteric. It’s beyond the comprehension of ordinary minds. Unfortunately, there are different streams of esoteric wisdom. So the experts can’t agree among themselves.
Take one example. Legal luminary Fali Nariman says the President cannot refer the Office of Profit bill to the Supreme Court without the cabinet’s permission. But constitutional expert Subhash Kashyap says he can. Article 143 of the Constitution says: "If, at any time, it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to the court for consideration, and the court may, after such hearing as it thinks fit, report to the President its opinion thereon." To ordinary minds that sounds straightforward.
Not so for the wise experts. Perhaps they are overwhelmed by Article 74. It says the Council of Ministers shall "aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice." Does it mean that the President can take no action unless the cabinet first tenders advice? Neither logic nor the meaning of the relevant passages suggests this. Yet some wise experts persist that the President can take no decision without the cabinet’s permission. If so, how on earth did the President return the Office of Profit bill for reconsideration without permission of the cabinet?
Ah, but that is mere logic. What counts is esoteric legal wisdom! And our legal experts have decided that the President is the cabinet’s rubber stamp. Fine! But then why the charade of an expensive nationwide election of the President? Why not appoint a ceremonial President, to be seen, not heard? Like some Bollywood beauty, perhaps?
(Puri can be reached at rajinderpuri2000@yahoo.com)
