Sunday, December 8, 2013

Judiciary exceeding the mandate?

Recently Indian Home Minister lamented that Judiciary is taking over governance and not letting Executive and Legislature work. In fact we have heard the same from a lot of politicians of late.
The argument that is given is, “Policies and Governance should be left to elected representatives”. To quote our Home Minister, “They may govern India badly, they may govern India well, but they will govern. If they govern India badly, the people will throw them out. If they govern India well, people would reward them”. Sounds convincing, right?
But herein where the problem lies! Judiciary was made independent and subjected to constitution for a very important reason; to put in checks and balances. Just being “elected representative” should not make someone supreme for the next five years.
If judiciary has gained upper hand, it is because of the blatant scams and corruption the Executive and Legislature have indulged in. Just because courts are putting corrupt parliamentarians behind the bars, it doesn’t mean judiciary is putting parliament behind bars.
Just because Judiciary is asking to provide better life to the people, it doesn’t mean it is over-reaching the mandate. Just because Judiciary is asking questions, it doesn’t mean that it is wrong.
I disagree with you Mr. Minister. Apex Court is the only reliable institution left out of the Trinity.

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