<\/p>\n
Syllabus<\/strong>: GS2 – Important Provisions of the Constitution of India<\/p>\n Relevance<\/strong>: Powers of the SC and Individual Liberty<\/p>\n News<\/strong>: In recent, Mohammed Zubair<\/strong>, the co-founder of Alt News was arrested by the Uttar Pradesh Police, under Section 295A<\/strong> and Section 153-A<\/strong> of the Indian Penal Code (IPC) for outraging religious feelings<\/strong> and promoting religious enmity <\/strong>respectively.<\/p>\n The Supreme Court (SC) of India<\/strong> granted him interim bail, but he will continue to be in jail because he is on remand in another case registered by the Delhi police. The court was aware of this, but didn’t grant bail in the other case.<\/p>\n SC cannot be seen helpless in cases involving personal liberty.<\/p>\n The SC of India is regarded as the world\u2019s most powerful top court,<\/strong> on account of its wide power of judicial review. <\/strong><\/p>\n Writ Jurisdiction<\/strong>: It has the jurisdiction to issue writs under Article 32<\/strong> of the Constitution.<\/p>\n Original Jurisdiction<\/strong>: It also has the original jurisdiction<\/strong> under Article 131 of the Constitution.<\/p>\n Appellate Jurisdiction:<\/strong> There is also wide appellate power under Articles 132, 133, 134 and 136 of the Constitution.<\/p>\n The Supreme Court has the power to \u201cmake such an order if it is necessary for doing complete justice in any cause or matter pending before it\u201d, as per Article 142<\/strong> of the Constitution.<\/p>\n Many political prisoners<\/strong> languish in prison because their bail pleas have been repeatedly rejected by different courts.<\/p>\n The executive is able to register multiple FIRs<\/strong> in different States to ensure that the dissident is not released from prison even if bail is granted in some cases. For example, the Mohammad Zubair Case.<\/p>\n Thus, the jail jurisprudence<\/strong> of the executive effectively surpasses the Court\u2019s bail jurisdiction.<\/p>\n The Supreme Court cannot afford to work with conventional legal wisdom,<\/strong> which proclaims that every criminal case is a case which requires to be dealt with as such and taken to its logical conclusion.<\/p>\n The SC should invoke its extraordinary power under Article 142<\/strong> in order to do complete justice<\/strong>. In\u00a0Delhi Development Authority vs Skipper Construction Company<\/em>\u00a0(1996),<\/strong> the SC has said that the power under Article 142 should remain \u201cundefined and uncatalogued, so that it remains elastic enough to be moulded to suit the given situation\u201d.<\/p>\n The constitutional court<\/strong> should evolve a new mechanism of its own in order to preserve the democratic foundation<\/strong> of the country, like the Public Interest Litigation (PIL).<\/strong><\/p>\n –<\/strong> For example, India can adopt the new doctrine<\/strong> of \u201cunconstitutional state of affairs<\/strong>\u201d that has been developed by the Constitutional courts in Colombia and Brazil. Under this doctrine, the court deviates from routine procedural rigour<\/strong> and is able to issue orders to address structural deficits<\/strong> or to protect fundamental rights<\/strong> with a sense of realism.<\/p>\n The courts should be determined to check the executive\u2019s excesses <\/strong>and create and perpetuate a democratic judicial atmosphere<\/strong> that supports the cause of freedom like the SC\u2019s intervention in the Centre\u2019s COVID-19 vaccine policy<\/strong> and the Pegasus episode<\/strong>.<\/p>\n Treat them as a class<\/strong>: The SC can treat political prisoners<\/strong> and dissenters<\/strong> who are facing multiple FIRs and undergoing unjustified incarceration as a class. The SC should develop effective jurisprudence<\/strong> in which it can call for all the records pertaining to the multiple FIRs in order to do \u201ccomplete justice\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":" Source: The post is based on the article \u201cA new judicial device for complete justice\u201d published in the \u201cThe Hindu\u201d on 13th July 2022. Syllabus: GS2 – Important Provisions of the Constitution of India Relevance: Powers of the SC and Individual Liberty News: In recent, Mohammed Zubair, the co-founder of Alt News was arrested… Continue reading A new judicial device for \u2018complete justice\u2019<\/span><\/a><\/p>\n","protected":false},"author":10328,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10498],"class_list":["post-195457","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1700435448},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/195457","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10328"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=195457"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/195457\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=195457"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=195457"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=195457"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nSource<\/strong>: The post is based on the article \u201cA new judicial device for complete justice\u201d published in the \u201cThe Hindu\u201d on 13th<\/sup> July 2022.<\/p>\nPowers of the SC of India<\/strong><\/h5>\n
What are the challenges before the judiciary?<\/strong><\/h5>\n
Way Forward<\/strong><\/h5>\n