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Jethmalani calls for constitutional review

Urban Affairs and Employment Minister Ram Jethmalani today called for a review of the Constitution and made it clear that the Bharatiya Janata Party-led coalition government would never misuse Article 356 of the Constitution and shall abide by the Supreme Court verdict in the Ayodhya case.

Addressing a 'meet the media' programme at the Press Club of India in New Delhi, he said the Indian Constitution was one of the best document ever produced in the history of the world. ''But it is good to keep assessing that document from time to time.''

Jethmalani said there were at least three matters on which immediate amendments in the Constitution were called for. These related to the powers of the executive and judiciary, use of Article 356 of the Constitution and the policy of reservations.

He demanded the appointment of a national judicial commission with representatives from the government, opposition, academic world, judiciary and some other sections to have a look at the powers of the executive and the judiciary.

On the use of Article 356 of the Constitution, Jethmalani, a noted lawyer, wondered why the opposition parties were voicing their demand for its repeal while they themselves had misused it when they were in power.

''Give credit to this government which has not misused Article 356 even at the cost of jeopardising its own survival'', he said in an obvious reference to the All India Anna DMK's threat to withdraw support to the Vajpayee government if its demand for the dismissal of the DMK government in Tamil Nadu was not met. The government had no ''hidden agenda'' and it would never act against the spirit of the Constitution, he added.

Jethmalani disagreed with a suggestion that the Centre had committed gross impropriety in sending home ministry teams to Tamil Nadu, West Bengal and Bihar to study the law and order situation, which is a state subject. ''I don't see anything wrong in sending central teams to the state... The Centre must keep itself informed about the law and order situation in states under the Constitution.''

The minister told a questioner that he was well off the mark if he thought sending central teams to states was reminiscent of the Emergency days. ''Sending a couple of officers to states to look into the allegations made by elected representatives of the people has no resemblance to what happened during Emergency.''

Asked why the Centre did not sent teams to Uttar Pradesh or Maharashtra where the law and order situation is said to be unsatisfactory, Jethmalani said it was true that no government had ever gathered the courage to dismiss the government in a state ruled by it or one of its coalition partners.

''But if this government ever resorted to using Article 356, it will probably also have to do it against its own state government too,'' he said.

On reports that the Bajrang Dal and the Vishwa Hindu Parishad had decided to defy the Supreme Court verdict and build a Ram temple at Ayodhya, the minister said, ''I consider it a cause for alarm and concern but harsh words break no bones. People often talk but don't do what they say.'' He said the government had given its ''absolute commitment'' in Parliament that it would abide by the Supreme Court verdict in the Ayodhya case and there was no change in this stance.

Asked to comment on the rapid criminalisation of politics, he admitted that honest politicians had become a ''rare and vanishing commodity which can be preserved by public for reverence''.

Jethamalani was of the view that men at the top should at least be completely honest and trust-worthy. ''I hope I am right in claiming that the country has now got an honest government which it always deserved.'' He, however, hastened to add that power corrupted people and ,therefore, any government could go wrong. He appealed for press vigilance to check corruption.

He said the elections were not merely held for governance but also for electing an opposition. ''The role of the opposition is more important than that of the ruling party.''

Unfortunately, the opposition did not realise its responsibility and in its hot pursuit of power was trying to act as a ''demolition squad'', he said, in an indirect reference to recent attempts by the opposition parties to pull down the government.

UNI

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