The crisis in the judiciary is symptomatic of a wider crisis being felt in all significant constitutional institutions and requires introspection on a far wider scale than is assumed.
AS INDIA MARKED THE 68TH ANNIVERSARY of the adoption of its Constitution on January 26, 2018, concerns were expressed about the overall health of the Republic. Much of this concern has focussed on the state of the Indian judiciary in particular. The Indian judiciary is widely and justifiably regarded as a pivotal institution that has sustained its constitutional order through perilous times. Although there were clear signs of tensions within the Supreme Court in recent months, matters reached a flashpoint when four of the most senior judges of the Supreme Court held a press conference on January 12, 2018.
This single event generated an enormous amount of controversy, speculation and media commentary. It also focussed attention on the internal workings of the Supreme Court and the Indian judiciary as a whole. This singular event has the potential of bringing an end to an unspoken agreement among the media and commentators to maintain a culture of discretion and secrecy about the workings of the judiciary. Given the increasingly prominent role played by the Supreme Court in Indian public life, this agreement may have ended on its own but the end has been hastened considerably by this event.
My principal aim in this essay is to place this complex institution in it's wider historical and political context to contend, firstly, that the quickfix solutions suggested by some quarters may require greater reflection. A second purpose is to argue that the malaise within the judiciary that this episode points towards is a reflection of a widespread problem that afflicts constitutional institutions in the nation more generally. Any solutions that are devised for resolving the judicial crisis need to be informed by the historical context of institutional design that led to the creation of these institutions and the problems that afflict the polity as a whole in the contemporary period.
HISTORICAL CONTEXT
Bu hikaye FRONTLINE dergisinin February 16, 2018 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Giriş Yap
Bu hikaye FRONTLINE dergisinin February 16, 2018 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Giriş Yap
How Not To Handle An Epidemic
The lockdowns were meant to buy time to put in place appropriate health measures and contain the coronavirus’ spread, but they have failed to achieve the objective and heaped immense misery on the marginalised sections of society. India is still in the exponential phase of the COVID-19 infection and community transmission is a reality that the government refuses to accept.
Tragedy on foot
As the COVID-19-induced lockdown cuts the ground beneath their feet in Tamil Nadu, thousands of migrant workers are trudging along the highway to the relative safety of their upcountry homes.
Sarpanchs as game changers
Odisha manages to keep COVID-19 well under control because of the strong participation of panchayati raj institutions and the community at the grass-roots level under the leadership of Chief Minister Naveen Patnaik.
Scapegoating China
As the COVID-19 death rate spikes and the economy tanks in the United States, Donald Trump and his advisers target China and the World Health Organisation with an eye to winning the forthcoming presidential election.
New worries
Kerala’s measured approach to the pandemic and lockdown has yielded results. But it still has to grapple with their huge economic impact on its economy, which it feels the Centre’s special financial relief package does little to alleviate.
No love lost for labour
Taking advantage of the lockdown and the inability of workers to organise protests, many State governments introduce sweeping changes to labour laws to the detriment of workers on the pretext of reviving production and boosting the economy.
Capital's Malthusian moment
In a world that needs substantial reorienting of production and distribution, Indian capital is resorting to a militant form of moribund neoliberalism to overcome its current crisis. In this pursuit of profit, it is ready and willing to throw into mortal peril millions whom it adjudicates as not worth their means—an admixture of social Darwinism born of capital’s avarice and brutalism spawned by Hindutva. .
Understanding migration
When governments and their plans are found to be blatantly wanting in addressing reverse migration, exercises such as the Ekta Parishad’s survey of migrant workers throughout India can be useful to work out creative long-lasting solutions.
Waiting for Jabalpur moment
The Supreme Court’s role in ensuring executive accountability during the ongoing lockdown leaves much to be desired. Standing in shining contrast is the record of some High Courts.
An empty package
The Modi regime, which has been unable to control the COVID-19 infection, restore economic activity and provide relief to millions exposed to starvation, trains its sights on Indian democracy, making use of the panic generated by fear and a lockdown that forecloses paths of resistance.
