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Erosion of the rule of law disturbing: Ex-CJ

By Our Special Correspondent

DHARWAD Dec. 10. Justice A.M. Ahmadi, former Chief Justice of India, has said that erosion of the rule of law and the corrupt political system pose a great threat to the country's democracy.

Mr. Justice Ahmadi was delivering the convocation address at the 53rd annual convocation of Karnatak University here today, in which around 18,000 students were conferred degrees. T.N. Chaturvedi, Governor and Chancellor of the university, presided.

Mr. Justice Ahmadi said the rule of law was eroding as never before, and the cherished freedom guaranteed by the Constitution was in peril.

One single factor responsible for most of the problems faced by the country, he said, was the gradual dilution of constitutional values and the poor conduct of those in power, which manifested in a lack of respect for the rule of law. Governments after the first two decades of Independence strayed from the objectives. Religious zealots thought that they were above law, and "they violate the law of the land with impunity,'' he observed.

Corruption was the second most disturbing feature, Mr Justice Ahmadi said. India ranked high amongst the most corrupt nations in the world. "Should we not our heads hang in shame?'' he asked. Corruption had, over the years, worsened and debased our moral values, ruined the democratic process, and adversely affected economic growth, he added.

Politics, he said, was the main source of corruption, and with the passage of time, the culture of corruption had seeped into our political system and fused with the culture of indifference to the rule of law. Consequently, muscle power and money power were increasingly controlling the political process. "First, we witnessed the criminalisation of politics, and (now) we have politicised criminals,'' he remarked.

Society's role

Mr. Justice Ahmadi said the strict procedures for the selection and appointment of the Chief Vigilance Commissioner and the Director of the CBI, laid down by the Supreme Court, were not enough. Corruption had to be fought with effective and aggressive participation of the civil society. The link between politicians and business establishments, that paid huge money, should be snapped through public awareness and by boycotting the products of the companies, if necessary, Mr. Justice Ahmadi said.

He was of the view that in a democratic system, the right to information about candidates contesting elections had the "trappings of human rights".

It was necessary that an informed and intelligent choice of candidates was made, and that voters were not carried away by the emotive or religious rhetoric, he said.

India, he said, was among the countries where the right of the people to choose their own representatives and their own governments was often denied by the use of muscle power and money power. "And yet, those very leaders boast of democracy merely on the basis of periodic elections, even as they go about rigging elections,'' Mr. Ahmadi said.

Choice of candidate

The voter, he said, was required to make an informed choice, because once the right was exercised, and a given candidate was elected, the latter would serve as his representative for five years, as there was no "right to recall" for any mistake made in the choice. "Can the voter be denied or refused information in regard to antecedents of candidates offering themselves for elections?'' he asked. To deny information to voters was tantamount to denying them the right to make an informed decision, and diluting the democratic process.

A person in public life must be prepared to reveal information about himself that had a direct bearing on voters' right to make an informed decision with regard to the choice of candidates, Mr. Ahmadi added.

He was apprehensive about the "liberal democracy" in the country becoming insensitive to the rule of law, if certain individuals from religious organisations were allowed to incite and excite the people of one group against those of another group with impunity, and no action was taken against them.

G. Parameshwar, Minister for Higher Education and Pro-Chancellor of the university, was present. Khajapeer, Vice-Chancellor, welcomed the gathering.

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