Tuesday, April 7, 2020
Home Opinions Congress’s Double Standards towards the Judiciary

Congress’s Double Standards towards the Judiciary

Also Read

Janay Jain
2nd Year Law Student at the Government Law College, Mumbai.

It’s a well-established fact that an independent judiciary is vital for the success and functioning of any democratic country. In India, over the years, the Congress has stressed on the importance of the independence of the judiciary as well. However a close look on the stance adopted by the Congress in various judgements of the Supreme Court in fact reveals that they are more for a judiciary which is in sync with their political opinions rather than an independent stream of thought.

There are several instances which are indicative of the same. The most recent being the judgement delivered by the Supreme Court in the Loya case as well as the Aadhaar judgement. In the Aadhaar judgement when Justice Chandrachud gave a dissenting judgement, the Congress agreed with this verdict. Coincidentally, Justice Chandrachud was also a part of the three member bench in the Loya Case, where the judge had died of cardiac arrest in Nagpur when he had gone to attend the wedding of a colleague’s daughter.

The Congress party demanded an inquiry into his death and a strenuous effort had been put in by the party and its ecosystem to pressurise the judiciary into ordering a probe on this issue. When the Supreme Court dismissed these pleas while stating that there was no reason to doubt the statement of four judges leading to the circumstances of the judge’s death, the Congress Party went on to term the decision of the judiciary as a sad letter day in India’s history as it did not tow the party line.

- article continues after ad - - article resumes -

Similarly, the Supreme Court in May 2018, ordered an immediate floor test for the BJP to prove its majority in Karnataka slashing the 15 day window given by the Governor previously. The Congress Party President went on to praise the verdict of the Apex Court’s three judge bench of which Justice Sikri was a part. The double standards of the party and its selective approach towards the judiciary were evident, when the Congress Party President cited a report on Twitter which stated that Justice Sikri who was a part of the three member Selection Panel which transferred Alok Verma as CBI Chief received a ‘plum posting’ as a member of the Commonwealth Secretariat Arbitral Tribunal (CSAT) implying that his vote on the selection panel was influenced by the posting he received.

This brings the judiciary into disrepute for two reasons being that there is no monthly remuneration offered as it was not an assignment on a regular basis, secondly the decision to even appoint him to the CSAT was in fact taken in December 2018 and the judgement which recommended him on the Selection Panel was delivered on the 8th of January, 2019.

In all these cases, the judgements which have been delivered by the judges are on the basis of the merits and demerits of each case with every judge acting on his own accord. The Congress however have maligned these judges for political gains when the judgements delivered did not favour them. In a democracy, there are often disagreements with judgments delivered by the courts, such disagreements must remain civil however it is a cause of concern when these civil disagreements turn to mudslinging against the judiciary, endangering the third pillar of democracy itself.

The Congress Party, as evident in the recent examples have displayed a dangerous trend when they have tried brow beating the judiciary or have even resorted to attempts to impeach the Chief Justice of India, when judgements were not delivered in their favour. These are brazen attempt by the Congress party to provide a warning bell to other judges to tow their party line as well or else…

It’s often that only when one’s guilty, they seek to shout the loudest to tar someone else with the same. This makes me ponder that the argument devised by the Congress that the democracy is in danger is a convenient way to hide their own actions about their chokehold over the judiciary.

- Support OpIndia -
Support OpIndia by making a monetary contribution
Janay Jain
2nd Year Law Student at the Government Law College, Mumbai.

Latest News

Ducking the COVID-19

Voluntary compliance, which is a practical philosophy, would decide whether India would duck the COVID-19 trends.

Exemplary leadership during a phase of crisis: Dr. Himanta Biswa Sarma

At a time when people are losing their hopes and are weakening in this battle; Dr. Sarma brings the fighting zeal back into the people, thereby taking everyone together in this fight.

Short story|From secularism to Hinduism and humanity

Religious radicals are cancer cells of our society. If we don't call them out, they will continue to breed and will eventually kill us

A ludicrous attempt of defending the undefendable

Does the imbecile leftist intelligentsia know that it is just trying to Defend the Undefendable?

India’s left liberals, the perennial Muslim-appeasers, are once again up in arms against Arnab Goswami

His tough stand regarding the Tablighi Jamaat meet at Nizamuddin Markaz has therefore faced the ire of left-liberals and Islamists masqueraded as journalists alike.

Let us invoke the Dunkirk spirit and the god principle

Modi depresses liberals yet another time for 5th April event. And people with slap them with its grand success!

Recently Popular

Tabliqi Jamaat had all the information to cancel the Markaz: They didn’t

Lets have a look at events that happened prior to it, to get some perspective as to why the criticism of the Tabliqi Jamaat is completely justified and further action is necessary for their actions which are absolutely unforgivable.

An irresponsible state under the responsible state

Country's minority group must understand that majority group can not be only responsible for maintaining the communal harmony in a society.

कोरोना की भयावहता और भारतीय कानून

भारत सरकार की जैविक प्रबंधन आपदा के 2008 रिपोर्ट में कहा गया की 1897 की महामारी कानून सक्षम नहीं है एवं इसे बदलने की जरुरत है. यह कानून केंद्र को जैविक आपातकाल के दौरान ज्यादा शक्ति प्रदान नही करता.

India’s left liberals, the perennial Muslim-appeasers, are once again up in arms against Arnab Goswami

His tough stand regarding the Tablighi Jamaat meet at Nizamuddin Markaz has therefore faced the ire of left-liberals and Islamists masqueraded as journalists alike.

How Siddharth Varadarajan, editor of The Wire, defended heinous killers and slandered victims of the Godhra carnage

Siddharth Varadarajan implied in August 2004 that the post-Godhra riots would have happened even without Godhra!