Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 897 Tue. December 05, 2006  
   
Editorial


Editorial
Uphold the spirit of the constitution
De-emphasise specificities
The nation has been waiting for election for the last five years. And holding of a free, fair and credible election within 90 days of the expiry of the tenure of a government in office is mandated by our constitution. Our unequivocal preference shall be to follow the constitution both in its letter and spirit. But, under the prevailing circumstances in the country questions are being raised as to whether we have an election with the unresolved anomalies or have a good election that might need us to go marginally beyond the time frame.

The option of meeting the election deadline leaving many loose ends raises questions whether such steps would be in the best interest of the future government since a government elected through a flawed election will not have the required credibility or the moral authority. The constitution is for the protection and augmentation of the best interest of the people and not the other way round. Specificities and the spirit have to converge on a certain point to be of any good to the people. Together they constitute the totality of the constitution and definitely not in isolation or in negation of one another.

At the moment, the major contention centers round the authenticity of the voter list. Therefore, how credible the election will be if it is held within 90 days keeping the flaws in place? Maybe by doing so the specificities of the constitution would be complied with, but will it reflect the judgement or will of the people whose verdict may be distorted by a faulty voter list. Will it uphold the spirit of the constitution, which envisages the national election as an authentic expression of people's will?

This editorial is predicated on the assumption that the two major alliances would have by now come to a mutual agreement to participate in the election. In that case the essential aspect of it would be to ensure a free and fair election keeping both the spirit and the substance of the constitution alive.

However, in suggesting that the caveat of time may be slightly relaxed in marginally postponing the elections, such a postponement must not be beyond four to six weeks. This we suggest only if both sides commit not to raise any further obstacles for holding the election.