When you ask normal people who is the most powerful person of India, the obvious answer will be Prime Minister Modi, or some other politicians or some will say Ambani and Adani. The obvious answer is most of the time wrong. Our Supreme Court/ Judiciary is the one and only a holy cow of “Republic of India”, no one even dares to question her authority or even get frightened to ask justifications of their judgement. The CJI is like our new age god and we all have to fall in the line of their judgment. The aim of this article is not to question the authority of our judiciary system, well I believe our judiciary is the most pure, uncorrupt and transparent system in comparison to the legislature and executive.
But it does not mean that it is always right, because no system is always right. In these days both government and opposition, right and left whenever they fall into dispute, they start quoting supreme court judgments, like “the supreme court has given decisions in our favour”, “how can you do contempt of the court”, “have you read supreme court judgment “, “no one above the supreme court”, these statements are very common in our political discourse. Judiciary has enormous power like “This place Ram Temple or Babri Masjid”, “who will go in some temple”, “how to run BCCI”, “Raffle Deal Enquiry”, “Jallikattu” and I can go on and on. Where the supreme court has stepped up to solve the dispute, we have to remember that “Society is not run by rule of law, it is run by consensus building”.
We can’t as a society go every time to solve dispute to supreme court, it happens when the legislature and executive let us down, the majority of the public do not have faith in their politicians and Executive (public servant). After 1947 quality of political leadership has declined and Executive branch has become a rusted iron structure which is corrupt and inefficient in every possible way. But we can’t leave everything to the judiciary, and it may set a dangerous precedent where the judiciary transforms themselves into collegium. Issues like Sabarimala, Adultery act, delaying of hearing of Ram temple are the reason to worry. The supreme court needs to understand that their job is not to govern people, their job is to ensure that the people of the country govern themselves in the best possible way and the court interference should be minimal.
The problems are that some judges of Supreme court try to live in their “LA LA land dream”, where everything is perfect, and this kind of approach detaches them to reality. Well, I think it happens as almost all of our prime judges are “intellectually” very capable, but the average population is not, and it will remain always like this, and we have to live with it. “The Current CJI said that supreme court proceeding will only happen in English, I want to ask CJI how many people of INDIA speak in English”. Imagine if any politicians or any bureaucrats said the same thing he will be labelled as elitist, anti-India and what not!
The courts have to realise that they are here to solve the dispute not give their “la la land solutions” which can’t be applied in the real world. If they’ll continue with their such approach, the faith of normal people will start getting eroded from the judiciary. When legislature and Executive are not performing well judiciary is the only place where people trust. Judiciary should maintain that trust of people and their larger good, because No One is Above The People’s Court”.