Can Our Courts Manage The COVID-19 Crisis?

Guest Column

- Arvind P. Datar

In 1748, Montesquieu published L’Espirit des Lois or The Spirit of Laws, which introduced the theory of separation of powers and formed the basic foundation of several constitutions, including that of India. The State that most effectively promotes liberty is one where the legislative, executive and judicial powers are entrusted to different bodies that act independently of each other.

After the Emergency of 1975-77, the advent of public interest litigation (PIL) brought the judiciary centre stage. While PILs played a salutary role in releasing 40,000 undertrial prisoners, checking pollution and preventing deforestation, the judiciary was increasingly petitioned to resolve almost every major crisis. The 19th century political philosopher Alexis de Tocqueville famously remarked: “There is scarcely any political question in the United States that does not ultimately resolve itself into a judicial question.” In India, there is scarcely any controversy or crisis that does not become the subject matter of a PIL.