The verdict

Sir, - The supremacy of the Constitution has been upheld by the apex court by disapproving the appointment of Ms. Jayalalithaa as Tamil Nadu Chief Minister. The maxim of democracy, ``All are equal and nobody is above the law'' has been reiterated in unequivocal terms.

While the verdict in the S.R. Bommai case had checkmated the abuse of Article 356 of the Constitution, the recent judgment bars misinterpretation of the provisions of Article 164(4). The verdict also upholds the autonomy of our Election Commission, whose decision was instrumental in Ms. Jayalalithaa's disqualification.

Ms. Jayalalithaa could have avoided the embarrassment she caused to herself, the Governor and the people who gave her a mandate, had she visualised the legal implications of being appointed Chief Minister and advised the AIADMK legislature party to select an uncontroversial person for the post. Ms. Fathima Beevi need not defend her actions since the Constitution protects her by stating that the Governor's actions are not justiciable. Indeed, the effects of the Governor's actions are very much justiciable and hence the recent judgment.

R. Rajasekar,

Chennai

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Sir, - `Ms. Jayalalithaa's Exit' (Sept. 22) has several lessons for a democracy like ours. The result may seem indecent for the decent-minded, but not `unedifying' at all, as you have chosen to describe it. In a perfect democracy it is only the people's will that should prevail. Even the constitutional provisions are nothing but the people's will.

There need be no dichotomy between the two. Now that the Supreme Court has made this distinction, it calls for an examination of the genuineness of the `people's will'.

R. K. Divakara,

Bangalore

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Sir, - After the Supreme Court delivered its judgment Ms. Fathima Beevi, instead of keeping quiet, has defended her decision to appoint Ms. Jayalalithaa as Chief Minister. This is regrettable.

The Election Commission should debar convicted persons even from becoming office-bearers of registered political parties. Otherwise, such persons will get an opportunity to whip up the passions of the people and try to argue that the mandate of the people is above the Constitution.

Ramakanth Inani,

Hyderabad

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Sir, - It is improper to blame Ms. Fathima Beevi for appointing Ms. Jayalalithaa as Chief Minister. The apex court consisting of five judges took five months to decide the issue after going through the arguments and counter-arguments of eminent lawyers and studying the issue in all its details. Ms. Fathima Beevi had only a few hours to decide. Her decision had to be quick and she had to take various factors, including the law and order situation and the unanimous resolution passed by the AIADMK legislature body, into consideration.

G. Bazul Ashhab,

Madurai, T.N.

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