This blog will contain an assorted mixture of whatever that pours out of my mind and finds expression in words.. I love the beauty of words, I love my friends and above all I love the dark pearl of Dwaraka, the one and only Krishna
Tuesday, August 15, 2023
𝐈𝐍𝐃𝐄𝐏𝐄𝐍𝐃𝐄𝐍𝐂𝐄 𝐎𝐅 𝐉𝐔𝐃𝐈𝐂𝐈𝐀𝐑𝐘
It is the duty and responsibility of the Judiciary to ensure that its fierce independence is kept intact.. In fact independence of judiciary is a building block and an integral and immutable portion of the basic structure of the constitution.
The question will always be raised about the authority of the Parliament to disturb or amend the basic structure..A strong view will be that an elected body which is the product of the constitution cannot act to mutilate the basics of the articles and the spirit of the statute conceived during its original enactment or effect changes which would militate against the visions and aspirations of the authors of the constitution..
In fact the nation would appear to require a second constituent assembly for that( I mean changing the basic structure,.. that too when it is unavoidable and the country and the people are in a mood for such change by almost universal consent) ..
This issue came up when there was talk in India in the second and post emergency regime of Indira where the issue of shifting to presidential form of ruling was actively discussed.
The Apex court has upheld the idea too that the basic structure cannot be disturbed..
Popular democracy is based on personalities and the highest temple of Judiciary is founded on the basis of justice.. Justice is not exactly decision of the majority.. So the conflict is natural.. It is a tight rope walk.. We have seen bad things happen in India between 1975 and March 1977.. Judiciary will oppose any radical change.. By nature judiciary has to be traditional and averse to structural changes and jolting by way or demolition and reconstruction are not conducive to the even flow of rule of Judicial practices based mostly on precedence...
Ultimately it is a tough negotiation between the will of the politician and the votaries of freedom of Judiciary from the political interference..
This struggle will be there in any progressive society..
It is just like the rivalry between the ruling party and the opposition in the Parliamentary democracy..
No one is wrong.. Each side will try to further its own cause..
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