Why some court judgements raise eyebrows ?
With the steadily increasing lack of public confidence in politicians and bureaucrats, Indians are now increasingly viewing judiciary as the conscience keeper of the country, to ensure probity and fairness in dealings on matters of national and social importance.
In such scenario, judiciary in India has now become a very powerful force , strengthened considerably by the people’s perception and expectation that judges can do no wrong. Therefore, the verdicts of the court are now deemed to be the be all and end all of solutions for settling all sorts of disputes and disagreements .
While courts enjoy enormous clout in the country today, there are also disturbing news of some judges at various levels being suspected of not measuring up to the requisite standards and not meeting the expectations that “the Caesar’s wife must be above suspicion”. Recently, when the judges at the highest level in the country openly accused the Chief Justice in a press conference , many people started wondering whether the level of confidence that the country men have placed in judiciary is appropriate.
Further, in recent years, there have been many instances of judgement of the lower court being over ruled by High Court and judgement of the High Court being over ruled by Supreme Court and judgement of two member bench of the Supreme Court being over ruled by five member bench. Such over turning of the verdict of the lower court by the higher court have become too frequent and not rarity anymore. In such scenario, the disturbing thought is running through in people’s mind whether the judgements could always be considered as fair and which judgement is right and which is wrong.
Judiciary in India is at the cross roads today . While still enjoying considerable support from the public, judiciary has to maintain it’s credibility at highest standards, so that public confidence will not get diluted.
Some of the recent judgements of Supreme court on matters such as adultery, homosexuality, entry of women of all age groups in Sabarimala temple, restricting bursting of crackers to two hours during Deepavali day have all become highly controversial and have raised the eyebrows in many quarters. Large section of country men and many religious outfits think that legalizing of such acts as homosexuality and adultery by the Supreme Court is extremely detestable under any circumstances.
General understanding is that the judiciary should give verdict on the basis of laws enshrined in the Constitution and enacted by parliament from time to time. However, in recent years, Supreme Court has no hesitation in entertaining cases that should be left to the administration to tackle, as it involves no interpretation of law.
Further, in awarding the verdicts on several matters of public interest which are not related to the law of the land but only some vague concept of personal liberty with conflicting interpretation and public perception, judges appear to be guided by their own personal perspectives and do not seem to take into consideration the traditional practices , beliefs and public sentiments while pronouncing judgements.
As the judgements are being delivered on quite a few matters not based on law but based on perspectives and personal opinions of the judges and probably without considering holistic logic, it is becoming difficult to implement some of the directives due to public protest.
For example, the Supreme Court verdict on allowing women of all ages to enter Sabarimala temple cannot be implemented in view of the very strong opposition from devotees. Similarly, Supreme Court verdict that fire crackers should be burst only for two hours on Deepavali day has been defied by the people.
The courts are compelling the governments to implement measures and rulings such as two wheeler riders should wear helmet, noise level must be restricted in certain period of day etc. which all come under the purview of administration.
Matters relating to administration should be discussed in legislative assemblies and parliament and the government has to take decision weighing pros and cons, it’s own policy approach and of course, duly considering the overwhelming public opinion expressed in various forums, social media , print and visual media.Is there any need for court to interfere in such matters?
It is high time that judges should take a re look at their approach and appreciate the importance of distinguishing between the matter that squarely fall under administrative jurisprudence and the domain of judiciary. Further, judges should keep in view that their primary responsibility is to uphold the rule of law and not pass judgements on matters relating to administration based on their personal view and convictions.
N.S.Venkataraman
Nandini Voice For The Deprived
nandinivoice.com more
In such scenario, judiciary in India has now become a very powerful force , strengthened considerably by the people’s perception and expectation that judges can do no wrong. Therefore, the verdicts of the court are now deemed to be the be all and end all of solutions for settling all sorts of disputes and disagreements .
While courts enjoy enormous clout in the country today, there are also disturbing news of some judges at various levels being suspected of not measuring up to the requisite standards and not meeting the expectations that “the Caesar’s wife must be above suspicion”. Recently, when the judges at the highest level in the country openly accused the Chief Justice in a press conference , many people started wondering whether the level of confidence that the country men have placed in judiciary is appropriate.
Further, in recent years, there have been many instances of judgement of the lower court being over ruled by High Court and judgement of the High Court being over ruled by Supreme Court and judgement of two member bench of the Supreme Court being over ruled by five member bench. Such over turning of the verdict of the lower court by the higher court have become too frequent and not rarity anymore. In such scenario, the disturbing thought is running through in people’s mind whether the judgements could always be considered as fair and which judgement is right and which is wrong.
Judiciary in India is at the cross roads today . While still enjoying considerable support from the public, judiciary has to maintain it’s credibility at highest standards, so that public confidence will not get diluted.
Some of the recent judgements of Supreme court on matters such as adultery, homosexuality, entry of women of all age groups in Sabarimala temple, restricting bursting of crackers to two hours during Deepavali day have all become highly controversial and have raised the eyebrows in many quarters. Large section of country men and many religious outfits think that legalizing of such acts as homosexuality and adultery by the Supreme Court is extremely detestable under any circumstances.
General understanding is that the judiciary should give verdict on the basis of laws enshrined in the Constitution and enacted by parliament from time to time. However, in recent years, Supreme Court has no hesitation in entertaining cases that should be left to the administration to tackle, as it involves no interpretation of law.
Further, in awarding the verdicts on several matters of public interest which are not related to the law of the land but only some vague concept of personal liberty with conflicting interpretation and public perception, judges appear to be guided by their own personal perspectives and do not seem to take into consideration the traditional practices , beliefs and public sentiments while pronouncing judgements.
As the judgements are being delivered on quite a few matters not based on law but based on perspectives and personal opinions of the judges and probably without considering holistic logic, it is becoming difficult to implement some of the directives due to public protest.
For example, the Supreme Court verdict on allowing women of all ages to enter Sabarimala temple cannot be implemented in view of the very strong opposition from devotees. Similarly, Supreme Court verdict that fire crackers should be burst only for two hours on Deepavali day has been defied by the people.
The courts are compelling the governments to implement measures and rulings such as two wheeler riders should wear helmet, noise level must be restricted in certain period of day etc. which all come under the purview of administration.
Matters relating to administration should be discussed in legislative assemblies and parliament and the government has to take decision weighing pros and cons, it’s own policy approach and of course, duly considering the overwhelming public opinion expressed in various forums, social media , print and visual media.Is there any need for court to interfere in such matters?
It is high time that judges should take a re look at their approach and appreciate the importance of distinguishing between the matter that squarely fall under administrative jurisprudence and the domain of judiciary. Further, judges should keep in view that their primary responsibility is to uphold the rule of law and not pass judgements on matters relating to administration based on their personal view and convictions.
N.S.Venkataraman
Nandini Voice For The Deprived
nandinivoice.com more
Viewed by 616
View all 18 comments Below 18 comments
Even my sold his vehicle we went on the asking the person to give us the registered copy and were able to get it nearly after 2 months more
Nov 28
Sometime back the supreme court ruled that a vehicle owner who has sold his vehicle legally is still liable for claims due to any accident of the vehicle which he/she has sold. Often people do not register the used vehicle which they have purchased to get price benefit when they resell. Since the original owner signs a transfer form, he expects the buyer to do the name change at the RTO office in the buyer's jurisdiction. It is physically impossible for the original owner to ensure the transfer since the necessary documents have all been handed over with the vehicle after obtaining a hand-over document acknowledged by the buyer and taking responsibility for any liability. One would think that this is valid in the eyes of law and protects the seller from liability, but our exalted court has a different view. The court justified its ruling on the basis that tracking the actual owner at the time of the accident is a problem if more than one resale has happened. My question is why then we pay taxes to the police, the RTO establishment and other babus whose responsibility it is to find the current owner who is liable. And remember, the original seller will have no insurance to back the liability And are these supreme court judges sitting in some ivory tower which prevents them from knowing how things are done in the real world by the lesser mortals like us? DO we need such judges, policemen and RTOs enjoying the benefit of our exorbitant taxes and give some patently unfair and ill-thought out rulings? more
Nov 22
Even when I sold my car the buyer did not give me a copy of registration of vehicle in his name but only signed a letter stating that I have sold vehicle to him and not responsible any legal problem connected with the vehicle more
Mar 04
Yes very true, Judges should be above any sort of suspicion and maintain high level of integrity, honesty and faithfulness. While delivering judgements, they should be very careful and should give due importance to traditional and religious belief. more
Nov 22
I am also firm of the view that in matters concerning religious beliefs, societal reformations, matters of security, public sentiments etc. the court should not and could not be interfering. If there is any dispute, it should be left to public opinion or at the hands of reformers ( may be, religious heads, philosophers, rationals). There are areas which need urgent attention of courts such as pending cases, reforming the workings of the judicial systems on which it can direct its attention in the interest of the welfare of the people and democracy. more
Nov 09
