"Aise nahi maana to Court mein Case kar denge."
Recently, Press Council Chairman Markandey Katju has been flaming Supreme Court a lot.
Justice Katju in some of his articles has also said that Indian Society is in a transition phase from a Feudal Society to Modern Industrial Society and that is the prime reason for corruption persisting in India. I completely agree with him on that account. Now, if we see Supreme Court's actions in the light of this transition, we will find that the Supreme Court is only trying to give a pillar of faith to the citizens of Indian Society. People have lost faith in the Legislature as well as the Executive. Although, my personal belief is that, in the true sense of the term, there is neither Legislature nor executive existing in India. What we have is some kind of Execu-Lature. This is because our executive is directly answerable and is a part of the legislature.
It is quite agreeable that people have lost faith in this Execu-Lature. It is equally agreeable that our economy, stock markets, day to day functioning, FDI etc. need some institution on which they can place their reliance. We need to be sure that at least one organ of the Indian System is working actively. As said earlier, people definitely do not trust Execu-Lature. They don't trust media (Some scholars call media as the fourth pillar of democracy) either. What is left is Judiciary. Now, if Judiciary becomes a passive institution or does not raise its voice on social and political issues, people will have no institution left whose door they can knock at the times of need. I am in no way suggesting that Judiciary is working in a perfect manner or is 100% corruption free. I am only saying that people need something where they can rest their faith. This is exactly what Judiciary is doing. It is giving opinions on Social and Political matters, on matters of public interest, on government policies and various other issues of public relevance, thereby providing some solace to people.
Justice Katju says that this is not the function of Judiciary. I partially agree with him. Encroaching upon executive domain is definitely not the function of Judiciary but in some ways it is the need of the hour. If Supreme Court decides to become a Silent spectator, people will have no institution left where they can raise their voices.
I feel that in a transitory phase from Feudal to Modern Society, an Independent and more importantly, a bold Judiciary is a must. Let people say whatever they have to say about Judiciary but Judiciary must not hesitate in giving its opinion, no matter how encroaching or how high handed it may be for this opinion in some ways reflects the sentiments of the people.
Once we shift to a modern Industrial Society and get a stable and powerful Execu-Lature, Supreme Court will automatically calm down and if it does not, we might see another ADM Jabalpur like situation.
In the famous case of Korematsu v. US, US Supreme Court Judges very rightly said that it is only in times of peace and development that Supreme Court can think of high handedness and concepts like rights, justice and equity. I agree with the judgement and feel that in times of war and Industry, executive is paramount because:
1. They are elected representatives, Supreme Court is not.
2. Executive has better tools and is more equipped to handle any kind of situation.
3. In times of War and Industry, National Interest and Security has an upper hand over fundamental rights and natural justice.
So, today we are a developing economy, we can think of all the noble concepts and ridicule even the slightest bit of corruption. But once the society settles, we will have other forward things to look upon. On that day, there won't be any need to have Judicial Activism for the government machinery will be functioning in an efficient manner. And, just in case, if we don't move forward and we deteriorate our condition, on that day as well there won't be any place for Judicial Activism for there will be anarchy and people will lose their faith on the Judiciary as well. And again will of the people i.e. Execu-Lature will be paramount.
Recently, Press Council Chairman Markandey Katju has been flaming Supreme Court a lot.
Justice Katju in some of his articles has also said that Indian Society is in a transition phase from a Feudal Society to Modern Industrial Society and that is the prime reason for corruption persisting in India. I completely agree with him on that account. Now, if we see Supreme Court's actions in the light of this transition, we will find that the Supreme Court is only trying to give a pillar of faith to the citizens of Indian Society. People have lost faith in the Legislature as well as the Executive. Although, my personal belief is that, in the true sense of the term, there is neither Legislature nor executive existing in India. What we have is some kind of Execu-Lature. This is because our executive is directly answerable and is a part of the legislature.
It is quite agreeable that people have lost faith in this Execu-Lature. It is equally agreeable that our economy, stock markets, day to day functioning, FDI etc. need some institution on which they can place their reliance. We need to be sure that at least one organ of the Indian System is working actively. As said earlier, people definitely do not trust Execu-Lature. They don't trust media (Some scholars call media as the fourth pillar of democracy) either. What is left is Judiciary. Now, if Judiciary becomes a passive institution or does not raise its voice on social and political issues, people will have no institution left whose door they can knock at the times of need. I am in no way suggesting that Judiciary is working in a perfect manner or is 100% corruption free. I am only saying that people need something where they can rest their faith. This is exactly what Judiciary is doing. It is giving opinions on Social and Political matters, on matters of public interest, on government policies and various other issues of public relevance, thereby providing some solace to people.
Justice Katju says that this is not the function of Judiciary. I partially agree with him. Encroaching upon executive domain is definitely not the function of Judiciary but in some ways it is the need of the hour. If Supreme Court decides to become a Silent spectator, people will have no institution left where they can raise their voices.
I feel that in a transitory phase from Feudal to Modern Society, an Independent and more importantly, a bold Judiciary is a must. Let people say whatever they have to say about Judiciary but Judiciary must not hesitate in giving its opinion, no matter how encroaching or how high handed it may be for this opinion in some ways reflects the sentiments of the people.
Once we shift to a modern Industrial Society and get a stable and powerful Execu-Lature, Supreme Court will automatically calm down and if it does not, we might see another ADM Jabalpur like situation.
In the famous case of Korematsu v. US, US Supreme Court Judges very rightly said that it is only in times of peace and development that Supreme Court can think of high handedness and concepts like rights, justice and equity. I agree with the judgement and feel that in times of war and Industry, executive is paramount because:
1. They are elected representatives, Supreme Court is not.
2. Executive has better tools and is more equipped to handle any kind of situation.
3. In times of War and Industry, National Interest and Security has an upper hand over fundamental rights and natural justice.
So, today we are a developing economy, we can think of all the noble concepts and ridicule even the slightest bit of corruption. But once the society settles, we will have other forward things to look upon. On that day, there won't be any need to have Judicial Activism for the government machinery will be functioning in an efficient manner. And, just in case, if we don't move forward and we deteriorate our condition, on that day as well there won't be any place for Judicial Activism for there will be anarchy and people will lose their faith on the Judiciary as well. And again will of the people i.e. Execu-Lature will be paramount.
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