Day 12 – Q 4.The judiciary in India has been tangled unnecessarily into the political narrative. Do you agree? Critically comment.
4. The judiciary in India has been tangled unnecessarily into the political narrative. Do you agree? Critically comment.
भारत में न्यायपालिका को राजनीतिक कथाओं में अनावश्यक रूप से उलझा दिया गया है। क्या आप सहमत हैं? समालोचनात्मक टिप्पणी करें।
Approach:
- In this question, a statement about “judiciary” as a system is given. Recently, with various incidents and judgments, judiciary became a hot topic in political debates. The question is very wide; it will include all those events and incidents which tangled the judiciary into political narrative. Ranging from, judicial appointments, judicial activism, overreach, to politicization of judgments such as Sabrimala or forthcoming Ram Mandir verdict.
- Answer should be balanced, try to include maximum dimensions to show the tangled judiciary. One sided answer, such as focus on judicial activism, or such other one aspect won’t be sufficient. Conclude with your opinion.
Introduction
- Judiciary, particularly Supreme Court of India, is one of the bulwarks of Indian democracy.
- Article 142 of the constitution gives widest powers to SC, due to which SC has taken many important matters in its hands.
- But recently, there occurred some incidences which tangled the judiciary into political narrative.
Body
Judicial appointments:
- As per the appointment procedure mentioned in the constitution (Article 124), consultation with Supreme Court and High Court judges is required for appointment of judges to Supreme Court.
- But recently, in an appointment of a Supreme Court judge, there was political rejection to the suggested names given by judiciary.
Judicial activism or overreach OR judicial legislation:
- Liquor ban on highways, pronouncements related to fire crackers, amendment to the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 etc. are some of the examples of judicial legislation, which created political debates over role of judiciary.
Judgments on cultural and religious customs and practices:
- Sabrimala judgment is classic example of political narration of judiciary. Even though judgment is in accordance with the provisions of the constitution, it has been politicized unnecessarily.
- Another such example is of forthcoming Babri masjid- Ram mandir case hearing. By discussing the ongoing case in public, politicians are making the situation complex for judiciary.
Judges versus judges:
- Administrative issues of the court, which should be resolved between themselves was politicised by bringing them to media.
- Another example is; selection of the bench for hearing of the cases and master of the roaster issue.
These mentioned examples are related to Supreme Court, similarly there are such many and varied examples (including from High Courts and lower courts) which unnecessarily entangled the Indian judiciary in political narrative. But there is other side of the coin too, where judiciary handled critical cases with minimum political uproar. Some of them are;
- Struck down controversial and discriminatory provisions of IPC such as Section 377, and Section 497, etc.
- Privacy, a fundamental right
- Aadhaar judgment
- Declared sexual relations with minor wife as Rape
- Reservation in promotions for Sc/St
- And many other
Conclusion
Judiciary is most prestigious institution of India, in which people of India trusts the most. Its judgments such as Sabrimala and triple talaq etc. are perfectly in line with Article 25 and Article 142 etc. of the constitution. Political narration of these judgments may hamper the trust of the people in institution.
Similarly, judiciary as a complete system is cogwheel of democracy in India, where people of India enjoy freedom and justice. External political interferences and internal political complexities may make leave this cogwheel with broken teeth.
Best Answer: Jean Grey
