Harish Salve Is Right About the Rule of Law. He Is Wrong If He Thinks Democracy Must Stay Off the Streets.
Harish Salve's defence of the Election Commission, the constitutional legitimacy of public protest, and the difference between institutional independence and institutional immunity. The central argument of this article is that a democracy does not have to choose between constitutional institutions and public dissent. It needs both. The legal merits of an electoral dispute belong before the courts, but citizens retain the right to organise, question institutions, expose inconsistencies and demand accountability. There is an important evidentiary distinction concerning Mr Salve. His televised remarks and the structure of his arguments can be scrutinised directly. A pattern of selective reasoning can support criticism of his apparent political alignment in this controversy. It does not, by itself, establish a financial inducement, secret arrangement or dishonest personal motive.