Contribution and Criticism of Supreme Court

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?

1. India ranks in the top one-third of nations in efficiency of the legal framework to challenge regulations and in judicial independence.
2. 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.
3. 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?

1. In Poland– The legislative proposal aimed to ban judges from obeying the orders from their own Supreme Court making them liable for prosecution.
2. 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• They have been replaced by loyal and inexperienced newcomers, some in their 20s, plunging the courts into crisis.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.

3. 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.
  

  ---

About Quadrilateral Security Dialogue (Quad)