(Part 2) Have standards of Supreme Court gone down in last 20 Years?


It was more than 20 Years ago. One morning every Indian woke up in morning with a startling headlines in all daily newspapers.

“If Legislatures don’t make laws, we Judges won’t sit back with our hands folded back.”

A Supreme Court Judge had delivered a stern warning to all Legislatures in an open court hearing.

It rang chord in hearts of every Indian who opened his morning newspaper.

Because in every newspaper, it was a top headline with photo of a SC Judge, sitting with his hands folded back.

In the decade which followed, the words “Judicial Activism” were buzzwords in courts.

The pro- Executive and pro- Legislature Senior Advocates and ministers had to held several seminars and public speeches to persuade judges to give up Judicial Activism.

Alas! …And they gave up. They discovered excuses to avoid judicial activism.

“No, no, we have not given up… See our judgements in ___, __….etc. These are instances of Judicial Activism”.Many judges may say!

But do their words touch any chord in your heart?

Your fundamental right under Art 13 says that every law which violates your fundamental rights will be declared void by Supreme Court.

And law books are full of laws which are violative of fundamental rights!

The era has changed. Day by day you expect less from Supreme Court.

You have become dependant on coalitions and fragmented governments headed by uninspiring leaders.

(Part 2 complete)

Haresh Raichura

‘Be the Change you want to see in the world’ means, if I wish to change the world, I have to begin by changing myself.