Justice Dipankar Datta: Regimes Betray Constitutional Trust

Justice Dipankar Datta of the Supreme Court on Wednesday said that the "constitutional trust" reposed in the country's political leadership has been betrayed in practice [Dr. Jaya Thakur & Ors. v. Union of India & Ors.]In his separate opinion on the validity of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, Justice Datta pointed to the large number of parliamentarians and ministers with criminal antecedents across successive ruling dispensations."The misfortune of the people of India is that, the lofty ideals that the Constitution envisaged have remained largely unaccomplished owing to a lack of intent and non-abidance with constitutional morality by the ruling regime, past and present, resulting in substantial institutional erosion," he said.Justice Datta also sounded a stark historical warning regarding judicial caution in election-related matters, recalling that the last time the top court grappled with a subject as sensitive as elections without extreme restraint, it unintentionally caused "an avalanche called the National Emergency." Justice Dipankar DattaLast time the top court grappled with a subject as sensitive as elections without extreme restraint, it unintentionally caused an avalanche called the National Emergency.The Centre had submitted that the office of the Prime Minister, who is part of the selection panel for Election Commissioners, carries sacred constitutional tr