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Context- Criticism is the hallmark of a prosperous democracy, but unfounded and unrestrained criticism is harmful rather than contributive.
Why judiciary is the strongest pillar on which the edifice of Indian democracy stands?
- India ranks in the top one-third of nations in efficiency of the legal framework to challenge regulations and in judicial independence.
- At the cost of being criticized for over-interference, the courts have strained to protect the life, liberty and the quality of life of citizens.
- India’s overburdened judiciary has been epitome of a free and independent judiciary worldwide.
- On the other hand, US Supreme Court only accepts 100-150 of the more than 7,000 cases it is asked to review annually. In 2016-2017, only 92 cases were heard by the UK SC.
How Indian judiciary system is different from Poland, Hungary and Turkey?
- In Poland– The legislative proposal aimed to ban judges from obeying the orders from their own Supreme Court making them liable for prosecution.
- In Turkey– Thousands of Turkey’s judges and prosecutors have been sacked or jailed as Erdogan’s government wields the judiciary against its opponents.
- They have been replaced by loyal and inexperienced newcomers, some in their 20s, plunging the courts into crisis.
- By a new law, most of the 711 judges of the two highest courts will also be removed.
- In Hungary – The Hungarian parliament is planning to establish a government-influenced judiciary system, apart from the ordinary courts, to establish direct political control over the judiciary.
Therefore, such a comparison is unjustified and unfounded to the Indian scenario.
Examples of Supreme Court landmark decision-
- SC ordered floor test within 24 hours in Maharashtra that led to the resignation of Devendra Fadnavis as chief minister.
- Defending LGBTQ and transgender rights.
- SC rules in favour of permanent commission to women officers and guaranteeing them the same terms of employment as men.
- Upheld the supremacy of the RTI Act over the Official Secrets Act.
- SC brought India’s most polarising case to a peaceful close through its Ayodhya judgment.
Way forward-
- Judicial barbarism is an extremely unjust and unfair description of the conduct of the Supreme Court.
- Constructive criticism – People should try and strengthen institutions with balanced and constructive critique and not slowly nibble at their foundation by constant badgering and berating.
