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Judicial Account- Not Be Deemed As Favourable to the Gov- Cused of Being Overly Aggressive Against Subservient to the Government Or Toeing Jability THE HIMALAYAN MAIL QTHURSDAY Q SEPTEMBER 17, 2020 6 THE EDITORIAL PAGE PAK’S ANTICS Judiciary is being disparaged for akistan’s obsession with India as an enemy and especially PKashmir will become the cause of its fall. The country has lost stature, personal and political gain friends, and opportunities and goodwill of the world because of its involvement The Supreme Court is not a political organ of the state. To attack the independence of the Supreme Court in terrorism and blatant anti-India pos- and to continuously attack its authority is the true unravelling of the rule of the law. Hitesh Jain (NJAC) or the Goa mining case, the ing rule of law. for their decisions, or referring to their turing. Like in the latest meeting of the udicial independence goes hand Supreme Court gave verdicts that can- The judiciary has surprisingly been ac- caste, or saying that the judiciary was National Security Advisors of the in hand with judicial account- not be deemed as favourable to the gov- cused of being overly aggressive against subservient to the government or toeing Jability. However, some have ernment. Similarly, in the Aadhaar case, a certain political dispensation when it a party line, cannot be construed as le- Shanghai Cooperation Organisation at confused judicial independence with the although the Supreme Court upheld its was in power. Observing the rule of law gitimate criticism. Seeking recusals on- Moscow, it deliberately used a map proclivity to strike down legislation or constitutional validity, the judgment and calling out illegality is not bias. The demand as seen in the Judge Loya case showing the Indian territory as its. executive action in a cavalier fashion. went against the government’s policy quashing of a Central Vigilance Com- or on the PIL on Assam’s detention cen- The job of the judiciary is to be account- objective of stemming leakage, while af- missioner (CVC) appointment was not tres are prime examples of wanton poli- Such forums are not for raising bilater- able by dispensing justice. But some fecting the then-nascent fintech industry. a political decision — it was a result of tics for ulterior motives and creating al issues since the mandate of the SCO self-anointed people feel the judiciary The Supreme Court also struck down procedural illegalities surrounding the doubt where none exists. should be accountable by playing to the the Reserve Bank of India’s framework act in question. Similarly, quashing the One must be able to distinguish be- is for international and multilateral galleries. This is understandable, given resolution plan for debt recovery that spectrum allocation or striking down tween a narrative of distrust being ped- cooperation. All the member countries how they were disappointed with the na- was proposed to ease the pains related the allocation of coal mines was an act dled for personal and political gains tion’s rejection of a listless political oppo- to stranded assets. of calling out the loot of India’s re- from reality. The Supreme Court is not a try to build bridges and cultivate each sition. This does, though, raise ques- Some people have expressed their sources. political organ of the state. It is not the other for businesses and to find com- tions on the logic behind their covert grief at certain Supreme Court judg- Those making deprecating comments duty of the Court to appease the aspira- mon grounds. So, in a way, it’s an demand for a remote control on the judi- ments or the lack of appointment of about the judiciary should realise that tions of political proxies and under no ciary. judges of their choice despite the gov- an independent judiciary is a basic fea- circumstances can retributive attacks on opportunity for all member countries to The people of India have believed that ernment having a very limited role in ture of our Constitution. It is the its integrity and independence be con- understand each other’s perspective on the venerable judges objectively dis- such appointments. Moreover, we have guardian and protector of our funda- doned. To attack the independence of pense justice. Now, there is an ongoing certainly not witnessed an aggressive mental rights, a role which, barring the Supreme Court and to continuously international issues and not a forum for attempt to browbeat the judiciary mani- government, as we did during the dark some exceptions, it has performed with attack its authority is the true unravel- bringing in their pet hates or national festing itself in the uncalled-for attacks days of the Emergency. It would be a courage and vision. Issuing threats such ling of the rule of the law. Moreover, obsessions. NSA Ajit Doval rightly on the Supreme Court. travesty if anyone denies that during the as impeachment for deemed “misbehav- lawyers and politicians seeking to cast There are multiple recent examples to Emergency, all bail applications were iour” is a serious matter and not to be aspersions on the independence of the walked out of the digital meeting in demonstrate how the judiciary has stood rejected by the courts, despite their used so casually, as it can adversely im- judiciary ought to remember that the protest against Pakistan’s misuse of the contrary to the government of the day. awareness of the falsehood of those pact the judiciary by questioning the Supreme Court is not a vessel to navi- Be it the striking down of the National cases. That is a classic example of when trust of the nation in the institution. gate the seas of their personal ambi- platform for its anti-India campaign. Judicial Appointments Commission the courts abdicated their role in enforc- Therefore, imputing motives to judges tions. Islamabad has ruined itself on security and economic front because of its obsession. Its successive regimes used To be a ‘constant irritant’ to untrammelled terrorism trying to give India death by thousand cuts, believing in its own power is the very essence of judicial duty rhetoric that USSR was defeated and Upendra Baxi Article 368’s amending power to the implied bandied about in marbled halls say much but Kenya’s Supreme Court has probably said divided through this. Its successive limitation) and Ray 6 (conceding all plenary fail to achieve as much.” the last word. In nullifying President Uhuru regimes spent millions and invested all ot many who speak, write, or think powers of amendment including repeal of the In Waman Rao, he performed a constitu- Kenyatta’s election for a second term (while about religion and law recognise how Constitution). This made the task of ratio tional miracle by validating all amendments also giving 50 days to plan and hold free and the energies into hating India. What is Nreligious institutions have affected hunters difficult and they were not enabled retrospectively and achieved this feat by in- fair re-election, whose results in the incum- tragic is that its Army used poor and the law and shaped interpretation in enduring by the heroic Justice H R Khanna. Still, the voking the BSEF doctrine. Closely read, the bent’s favour were later upheld), Justice ways. His Holiness Swami Kesavananda basic structure and essential features (BSEF) discourse in, and since Kesavananda, insists Maraga said: “However burdensome, let the radicalised youth of Pakistan to become Bharati Sripadagalvaru, then a senior head govern now the political and juristic destiny of that basic structure is the power of judicial majesty of the Constitution reverberate of Edneer Mutt in Kasaragod district Kerala, Indian constitutional development. review and essential features are what the across the lengths and breadths of our jihadis and go to Kashmir for fighting made possible the landmark decision of the Theological fervour animates the BSEF dis- Court identifies as such in exercise of that motherland; let it bubble from our rivers the Indian Army. Islamabad is the only Supreme Court (though other petitions were course. Justice Y V Chandrachud, while up- power. For example, Justice Bhagwati re- and oceans; let it boomerang from our hills also bunched together). I call the judgment holding the absolute amending power, had markably enunciated as an essential feature and mountains; let it serenade our house- country in the world that deliberately the second most important text after the to invent a resounding judicial curse: “We the “harmony” between fundamental rights holds from the trees; let it sprout from our Constitution of India. have given you vast powers for the welfare of and directive principles. Similarly, Parlia- institutions of learning; let it toll from our pushed its youth into death traps as the The mutt is believed to have been established the country, but woe betide you if you mis- ment amended Part III — deleted the right sanctums of prayer; and to those, who bear agencies involved in raising and push- by Thotakacharya, among the first four disci- use these powers”. And Justice S N Dwivedi to property under Article 31 and demoted it to the responsibility of leadership, let it be a ples of Adi Shankara. It blossomed under his spoke of the “reverence for the Constitution” the status of mere constitutional right. The constant irritant.” ing them into Indian for jihad know it leadership. No mukadamabaz himself, Ke- as a public virtue. In the assembly dissolu- crucial message though is that the apex court The seer would have agreed. The ultimate well that they will be killed sooner or savananda Bharati protested the validity of tion case, Justice P K Goswami described the has, in the rarest of rare cases, the constituent message of BSEF doctrine is not merely to the 29th amendment which immunised, in Supreme Court as the “last resort for the op- power to pronounce a constitutional amend- set limits to the power of the managers of later.
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