Jus Spake Part II

Is the judicial juggernaut on course? A week into an enquiry on whether the judiciary is on an over drive got a near unanimous response that the judiciary is working in perfect tandem with citizen expectation. The growing cynicism against the political executive is reflected in many seeing contemporary judicial response as a product of and a response to failure and lack of credibility in the other branches. Former DGP Arvind Rao justifies judicial interference on many issues for the simple reason that they come unmotivated.  His concern is that judicial pronouncements can sometimes be impractical because the judiciary is isolated from the general public and therefore solutions emanating from here could be impractical.. He laments that the police are often caught in the cross fire between judicial idealism and executive expedience. He justifies the present state of judicial interference as a product of being prodded by civic society and often the failure of the other wings of society.

Senior journalist T. Sudhir of the southreports sees nothing wrong as long the direction and purpose is public good.  He too sees judicial activism as a product of executive failure. While theoretically such interference may not be in strict compliance with the spirit of the constitution, he sees it as an imperative of the system. He bemoans some caustic comments made by judges and   wonders if that does not betray a degree of prejudice but hastens to add that a few such instances should not aid in examining the judiciary at large.  He too feels comfortable with the role of the judiciary except that there take on strikes which he feels seems undemocratic even though socially acceptable.

Arun Srinivasan, a Business Development Manager in the city   says: Judiciary to me seems the only vigilant wing of the State currently. Any basket will have a few rotten cases, I’d prefer to bear them instead of questioning the whole basket. I’d rather not rock the only efficient boat right now.

Sreedhar Garimella  a tech consultant from Chennai echoing the general sentiment adds that, the judiciary seems to be the only wing that is at least sticking to it’s original brief. The legislature and the executive have gone to the dogs (and I mean that in the pejorative sense) long ago.

Rao Raghunandan Rao, a practicing advocate from the High Court says:  Nature abhors a vacuum. So, the judiciary is stepping into the space vacated by the executive and the legislature. Would say more the executive. This does not mean that it is the right path. As far as strikes are concerned, the response may not be appropriate but it must not be forgotten that these strikes are never spontaneous and are dependant upon coercion. So, maybe the Judiciary is speaking up for “the dumb teeming masses of India”?se may not be appropriate but it must not be forgotten that these strikes are never sponataneous and are dependant upon coercion. So, maybe the Judiciary is speaking up for ” the dumb teeming masses of India” ?

Mahesh Vijapurkar a senior journalist from Mumbai would like to shift the focus from the higher echelons of the judiciary: My worry is the carelessness, the casual approach of the lower judiciary at the level of Mofusil and magistrate’s courts. The local pressure groups operate and the lawyers function as, I am told, as go-betweens between desperate but willing clients and the presiding officers. Many an innocent gets to remain in jails as under trials for a variety of reasons, including corruption. And this has other implications – the family members need to spend endlessly for meetings with the under trials who are virtually indefinitely in jails. It is here that rights are trampled. The higher judiciary is what gets everyone’s attention.

While the Insider copes with a variety of problems and is even skeptical about the quality of the content, it is redeeming to see near unanimity in the general public that they have faith in the judicial system.  Albeit the last straw, there is hope and hope lies in the portals of our courts.  A few more thoughts await expression, but like the courts, it is adjourned by a week!!

L.Ravichander