A judgement that upholds the Constitution

Source– The post is based on the article “A judgement that upholds the Constitution” published in “The Hindu” on 19th April 2023.

Syllabus: GS2- Judiciary

Relevance: Issues related to working of the judiciary

Context- The Supreme Court (SC) judgement in the Media One case requires a political reading and not merely a legal one.

What is the importance of the judgement?

It is a landmark judgement on the freedom of expression. It endorses the citizen’s right to question the state by distinguishing the government from the nation.

What are recent criticisms against SC?

It has postponed hearings on important cases such as electoral bonds and the dilution of Article 370. It has also upheld the draconian provisions of the Prevention of Money Laundering Act.

SC has taken a stand against constitutionally guaranteed freedoms. It stayed the Bombay High Court order that directed the release of physically challenged activist G.N. Saibaba.

How is SC going for course correction?

In Anoop Baranwal v. Union of India, SC took away the power of appointment of Election Commissioners from the sole domain of the executive. It directed the constitution of a committee to select them.

Media One judgment has underlined the institutional capacity of the court to uphold the rights in troubled political times.

How is the media one judgement different from other judgements that uphold the important constitutional principles?

In the Bommai case, it holds that federalism and secularism are the basic features of the Constitution. However, it failed to address the real issue of dissolution of a few State governments, as elections were held in those States subsequently.

In the Puttaswamy case, the Supreme Court only provided details of the idea of privacy and related concepts at a doctrinal level. It did not go for a direct and immediate encounter with the executive.

On the other hand, in the Media One case, the court directly confronted the Centre.

It directed it to renew the licence of the media house. It considered all the major doctrinal issues such as the right to fair hearing, proportionality standard and public interest claims and issued directives to the Centre in concrete terms.

What are the challenges faced by the judiciary across the world?

Populist autocracies try to crush the judiciary with their majoritarian impulse.

In Israel, Prime Minister Benjamin Netanyahu tried to interfere with the independence of the judiciary.

In Bolivia, judges have been arbitrarily dismissed in the last few years.

Poland lowered the retirement age of judges. The regime sent out older judges and inducted new persons who are loyalists of the government.

The executive in India delays making judicial appointments as suggested by the collegium. There is sometimes even public criticism of the judiciary by the executive in India.

How has the Supreme Court balanced its judgments?

It shows the judiciary’s effort to resist majoritarian overtones. However, it has also distanced itself from the role that the Opposition is supposed to play.

It is because the task before the court is not to uphold the Opposition’s politics, even when it might be legitimate.

Therefore, recently, the apex court rightly dismissed a plea by Opposition parties, which alleged arbitrary use of central probe agencies against them. The grievance is genuine. But the issue needed a political solution, not an adjudicatory resolution.

This is how the court’s constitutional duties vary from the Opposition’s politics. It cannot pose a political check, which can only happen by way of mass movements or electoral decisions.