75 Years of the Supreme Court of India: Guardian of Justice or Perpetrator of Judicial Overreach?
Advocate Dr. Ajay Pandey 4CSupreme Law International editor.kumar@gmail.com
As the Supreme Court of India marks its 75th year, it stands as one of the most significant institutions in the country. It has played a pivotal role in shaping India’s constitutional democracy, safeguarding the rights of citizens, and checking the powers of the executive and legislature.
However, the apex court's journey has been fraught with controversies, criticisms, and challenges. The question that looms large today is whether the Supreme Court has fulfilled its role as the guardian of the Constitution or has become a symbol of judicial overreach, contributing to the erosion of public trust in the judiciary.
The Successes: Guardian of the Constitution
The Supreme Court has been at the forefront of landmark judgments that have defined and redefined the contours of Indian democracy. Cases like Kesavananda Bharati v. State of Kerala established the 'Basic Structure Doctrine,' ensuring that certain fundamental features of the Constitution could not be altered even by a constitutional amendment.
The court's intervention in Vishaka v. State of Rajasthan established the 'Basic Structure Doctrine,' ensuring that certain fundamental features of the Constitution could not be altered even by a constitutional amendment. This led to the establishment of guidelines to prevent sexual harassment at the workplace long before legislative action was taken.
The Supreme Court has also been instrumental in expanding the scope of fundamental rights. Through judicial activism, it recognized the right to privacy as a basic right in the Puttaswamy case and decriminalized homosexuality in the historic Navtej Singh Johar case. These judgments underscore the court's commitment to upholding human rights and adapting constitutional principles to society's evolving needs.
The Failures: Allegations of Judicial Overreach and Delayed Justice
Despite its successes, the Supreme Court has been open to criticism. One of the most significant allegations against the court is judicial overreach, where the judiciary is perceived to have encroached upon the domains of the executive and legislature. The court's decisions in cases like the National Judicial Appointments Commission (NJAC) case, where it struck down the NJAC Act and 99th Constitutional Amendment, have been viewed as examples of the judiciary safeguarding its interests rather than the public’s.
The issue of delayed justice is another critical area where the Supreme Court has faced severe criticism. The adage "justice delayed is justice denied" resonates strongly in India, where cases languish in courts for years, sometimes decades. The backlog of cases has reached alarming levels, erasing faith in the judiciary's ability to deliver timely justice. The lack of transparency in appointing judges and allegations of nepotism has further tainted the judiciary's image.
Current Issues: Erosion of Trust and the Challenge of Independence
One of the most pressing issues facing the Supreme Court today is the erosion of public trust. Allegations of corruption, lack of transparency in the Collegium system, and instances of conflicting judgments have contributed to this crisis. The recent spate of politically sensitive cases, where the court's decisions have been perceived as favoring the government, has raised questions about the judiciary's independence.
The relationship between the judiciary and the executive is another area of concern. While the Constitution mandates the independence of the judiciary, instances of executive interference, subtle or otherwise, have been a growing concern. The increasing influence of politics in judicial appointments and the slow pace of judicial reforms are issues that threaten to undermine the credibility of the Supreme Court.
Future Challenges: Balancing Independence with Accountability
As the Supreme Court moves forward, it faces several challenges that will define its role in the future. The foremost challenge is balancing judicial independence with accountability. While the judiciary must remain free from external influences, it is equally essential to be accountable to the public. Transparency in the appointment process, timely disposal of cases, and a concerted effort to eliminate corruption within the system are essential steps toward restoring public trust.
Another significant challenge is addressing the backlog of cases. The judiciary must explore innovative solutions such as increasing the use of technology, setting up more fast-track courts, and encouraging alternative dispute resolution mechanisms. There is also a pressing need for judicial reforms, including revisiting the Collegium system and ensuring that appointments are made on merit rather than influence.
The Path Forward
The Supreme Court of India has been a cornerstone of Indian democracy for 75 years. It has achieved much in terms of upholding the rule of law and protecting the rights of citizens. However, it has also faltered in areas where it should have been more vigilant and responsive. As it embarks on the next phase of its journey, the court must introspect and address the issues that threaten its credibility.
Only by doing so can it function as the guardian of the Constitution and the protector of justice in India. The road ahead is challenging, but with the right reforms and a renewed commitment to its constitutional mandate, the Supreme Court can overcome these challenges and reaffirm its position as a pillar of Indian democracy.
Your free access to Supreme Law News has expired
For further details contact:
Dr. Ajay Kummar Pandey
( LLM, MBA, (UK), PhD, AIMA, AFAI, PHD Chamber, ICTC, PCI, FCC, DFC, PPL, MNP, BNI, ICJ (UK), WP, (UK), MLE, Harvard Square, London, CT, Blair Singer Institute, (USA), Dip. in International Crime, Leiden University, the Netherlands )
Advocate & Consultant Supreme Court of India, High Courts & Tribunals.
Delhi, Mumbai & Dubai
Tel: M- 91- 9818320572. Email: editor.kumar@gmail.com
Website:
www.supremelawnews.com
www.ajaykr.com, www.4Csupremelawint.com
Facebook: /4Clawfirm, /legalajay Linkedin: /ajaykumarpandey1 Twitter: /editorkumar / YouTube: c/4cSupremeLaw Insta: /editor.kumarg
Telegram Channel
Whatsup Channel
Related
Newsletter
Subscribe to our mailing list to get the new updates!
Subscribe our newsletter to stay updated
