{"id":70843,"date":"2020-11-24T17:46:14","date_gmt":"2020-11-24T12:16:14","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=70843"},"modified":"2021-05-10T17:39:25","modified_gmt":"2021-05-10T12:09:25","slug":"contribution-and-criticism-of-supreme-court","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/contribution-and-criticism-of-supreme-court\/","title":{"rendered":"Contribution and Criticism of Supreme Court"},"content":{"rendered":"

Context-<\/strong>\u00a0Criticism is the hallmark of a prosperous democracy, but unfounded and unrestrained criticism is harmful rather than contributive.<\/p>\n

Why judiciary is the strongest pillar on which the edifice of Indian democracy stands?<\/strong><\/p>\n

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  1. India ranks in the top one-third of nations in efficiency of the legal framework to challenge regulations and in judicial independence.<\/li>\n
  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.<\/li>\n
  3. India\u2019s overburdened judiciary has been epitome of a free and independent judiciary worldwide.<\/li>\n<\/ol>\n
      \n
    • 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.<\/li>\n<\/ul>\n

      How Indian judiciary system is different from Poland, Hungary and Turkey<\/strong>?<\/p>\n

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      1. In Poland<\/strong>\u2013 The legislative proposal aimed to ban judges from obeying the orders from their own Supreme Court making them liable for prosecution.<\/li>\n
      2. In Turkey<\/strong>\u2013 Thousands of Turkey\u2019s judges and prosecutors have been sacked or jailed as Erdogan\u2019s government wields the judiciary against its opponents.<\/li>\n<\/ol>\n
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        • They have been replaced by loyal and inexperienced newcomers, some in their 20s, plunging the courts into crisis.<\/li>\n
        • By a new law, most of the 711 judges of the two highest courts will also be removed.<\/li>\n<\/ul>\n
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          1. In Hungary\u00a0<\/strong>\u2013 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.<\/li>\n<\/ol>\n

            Therefore, such a comparison is unjustified and unfounded to the Indian scenario.<\/p>\n

            Examples of Supreme Court landmark decision-<\/strong><\/p>\n

              \n
            • SC ordered floor test within 24 hours in Maharashtra that led to the resignation of Devendra Fadnavis as chief minister.<\/li>\n
            • Defending LGBTQ and transgender rights.<\/li>\n
            • SC rules in favour of permanent commission to women officers and guaranteeing them the same terms of employment as men.<\/li>\n
            • Upheld the supremacy of the RTI Act over the Official Secrets Act.<\/li>\n
            • SC brought India\u2019s most polarising case to a peaceful close through its Ayodhya judgment.<\/li>\n<\/ul>\n

              Way forward-<\/strong><\/p>\n

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              • Judicial barbarism is an extremely unjust and unfair description of the conduct of the Supreme Court.<\/li>\n
              • Constructive criticism\u00a0<\/strong>\u2013 People should try and strengthen institutions with balanced and constructive critique and not slowly nibble at their foundation by constant badgering and berating.
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                \n<\/li>\n<\/ul>\n

                About Quadrilateral Security Dialogue (Quad)\u00a0<\/a><\/p><\/blockquote>\n