Whose Govt. Is It Anyway??

This question popped into my mind today. I’ll tell you the reason but let me first ask you to guess the first answer that came to your mind: UPA’s, ministers’, bureaucrats’? Well I don’t think so I think it’s the Supreme Court’s govt.

Well this thing became evident and the extremely controversial debates judicial activism would be revived with increased fervor. In some landmark judgments today Supreme Court revoked the “sanctity” of 9th schedule, set stage for police reforms.

Definitely some of them are compelling examples of judicial activism although with a grain of salt. The Parliament is entitled to make laws by a vote of chose representatives of India but it seems that Supreme Court is out quashing them if they seem to be violating fundamental rights of any party thus granting it a level above Parliament. SC can hardly be said to be running a parallel govt.

This also makes the Indian Supreme Court the most powerful govt. as it has now powers to repeal any law (of course, which violates basic structure of Constitution) which is in the 9th schedule which was designed by Constitution as a safe area which so far could not be reviewed by the courts. Nearly every state has contributed to 9th Schedule by framing its own sets of labor laws, govt. contract policies and the most contentious TN’s reservation policy. So SC suddenly has a magic wand which if it wields may bring about a political, social and perhaps economic turmoil in the country

Now the grain of salt is here: How would it be received by the public at large. As far as the 9th Schedule is concerned, it may depend on case to case basis depending on the size of the parties affected in each law but the second would be welcomed by almost everyone. But I can safely assume that there won’t be much organized resistance from the aam junta, which clearly is indicative of the balance of democracy inclining away from the executive arm. Although the above two judgments are cases of judicial activism but the recent decisions (read Jessica Lal murder trial, upholding tainted MP’s expulsion, convicting bureaucrats’ for murders)of courts in taking govt at task have ignited in people high quantum of hope and respect for judiciary.

Just a week back Rajdeep Sardesai wrote about the same, equilibrium shifting against the govt Barkha Dutt puts a different angle on those sitting in judgment asking who would judge the judges!! Read more about 9th Schedule here.

P.S.: Update 1: Some different views but nonetheless a landmark decision accd to me.





Update 2: Probably above video is not loading... will fix it up asap