Friday, Oct 07, 2022
×
Outlook.com
×

Sitting In Judgement

Charged with 'overactivism', members of the judiciary debate their role in a democracy.

"It is preferable that law should rule rather than any single one of the citizens." - Aristotle, The Politics.

ASHOKA'S column is looking a trifle shaky as two of the three pillars of parliamentary democracy—judiciary and legislature—are virtually on the warpath. "Judicial activism has gone too far," fulminate members of the national legislature. The most recent example, according to them, of judges acting like a "super government or a super parliament" was when a judge of the Allahabad High Court issued summons to the Prime Minister to appear before it on a petition challenging his appointment. The Supreme Court has since stayed any petition challenging the Prime Minister's appointment on the ground that he is not a member of Parliament but the issue has divided the judiciary and the legislature nonetheless.

Advertisement
Advertisement
Advertisement