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(Part 2) Have standards of Supreme Court gone down in last 20 Years?

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It was more than 20 Years ago. One morning every Indian woke up in morning with a startling headlines in all daily newspapers.

“If Legislatures don’t make laws, we Judges won’t sit back with our hands folded back.”

A Supreme Court Judge had delivered a stern warning to all Legislatures in an open court hearing.

It rang chord in hearts of every Indian who opened his morning newspaper.

Because in every newspaper, it was a top headline with photo of a SC Judge, sitting with his hands folded back.

In the decade which followed, the words “Judicial Activism” were buzzwords in courts.

The pro- Executive and pro- Legislature Senior Advocates and ministers had to held several seminars and public speeches to persuade judges to give up Judicial Activism.

Alas! …And they gave up. They discovered excuses to avoid judicial activism.

“No, no, we have not given up… See our judgements in ___, __….etc. These are instances of Judicial Activism”.Many judges may say!

But do their words touch any chord in your heart?

Your fundamental right under Art 13 says that every law which violates your fundamental rights will be declared void by Supreme Court.

And law books are full of laws which are violative of fundamental rights!

The era has changed. Day by day you expect less from Supreme Court.

You have become dependant on coalitions and fragmented governments headed by uninspiring leaders.

(Part 2 complete)

Haresh Raichura
13/4/2013

‘Be the Change you want to see in the world’ means, if I wish to change the world, I have to begin by changing myself.

(Part 1) Have standards of Supreme Court gone down in last 20 Years?

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In 1982, I was in Junagadh District Court in Gujarat. I used to read Supreme Court Judgements. It looked as if they were as good as Gods.

Even a simple post card to a Supreme Court Judge was being treated as writ petition! Wow!…

The compassion was readable in every pages of law reports.

I moved to practice in Supreme Court. Today, I discussed this issue with a 82 Year old Senior Advocate.

He said, up to 1990, Supreme Court Judges were as good as Gods. Thereafter….. he left remaining sentence incomplete.

After one or two minutes, he recounted his recent experience.

One day, he had seven cases listed for admission in Supreme Court before different Judges.

Three case were completely bogus. Four cases were really good and justice was required to be done in these four cases.

However, he lost all four good cases, and in his three bogus cases, Supreme Court issued notice.

“In fact, in this way, I actually lost all seven cases.” He sighed.

Then he said, he has seen enough.

I said, I am 58 age. I have also seen enough.

He laughed and said,”You have seen nothing.”

He was once a Chief Justice of a High Court. I think his views deserve respect.

(Part 1 complete)

Haresh Raichura
12/4/13

‘Be the Change you want to see in the world’ means, if I wish to change the world, I have to begin by changing myself.