Some State governments are being run like the US presidential system, where only single person has absolute power: Madras HC

In a recent case, Madras High Court has opined that some governments are running on a presidential basis, as is done in the United States, where a single person exercises absolute authority even though the Constitution had envisaged Westminster style government.

In the Westminster model of government, there are three arms of government, the legislature, the executive and an independent judiciary. It also refers that the government has been chosen democratically.

This observation was made when the Division Bench heard a case titled S Moorthi vs Union of India. The petitioners sought directions that all parties should complete internal party elections in Tamil Nadu Before this year’s Assembly Elections.

However, Madras HC dismissed the petition and termed it pointless as assembly polls were completed on April 6. However, the Court stated that the petitioner’s sentiments should be respected.

The Court took the petitioner’s statement that the democratic process of the election can’t be meaningful without parties embracing democracy and completing their internal elections on record.

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The Hon’ble Court further added no provision in the Constitution on the qualification and nature of political parties that put up candidates for elections.

While dismissing the petition, the Court granted the petitioner leave to press his concerns at a more appropriate stage.

Lastly, the Court clarified that nothing in the order should be regarded as rejections of the petitioner’s arguments and, as per the Bench petitioner’s arguments, reveal that he has the highest respect for democratic principles.

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