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Democracy beyond the Judiciary

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October 15, 2018

What is the issue?

  • The Supreme Court gave a series of verdicts in the recent days, which has a bearing on prevalent social systems.
  • It is to be understood that the judiciary alone is not responsible for deepening democracy and protecting social freedoms.

Unless… philosophers become kings in the cities… there can be no cessation of evils… - Plato

What is the anomaly?

  • The recent society-related judgements include that on triple talaq, Section 377, adultery, and women's entry into Sabarimala temple which are welcome.
  • But in these, the mission of deepening democracy, and protecting and advancing social freedoms is placed solely upon the judiciary.
  • On the one hand there is a complete side-stepping of the role of the legislature.
  • Also, there is a dichotomy between social morality and judicial morality (itself an interpretation of constitutional morality).
  • These are dangerous tendencies and an indication of a crisis situation in India.

What is the concern?

  • Essentially, India’s parliamentary democracy is built on separation of powers.
  • Parliamentary bills/debates are absolutely vital to a parliamentary democracy.
  • But more than this, the Supreme Court verdicts have occupied a place of significance.
  • The judiciary has assumed the role of the single most important pillar, superseding legislature.

Is Parliament’s role eroding?

  • The above trend is mainly because of the degradation and abuse of the roles of the legislature and the executive.
  • Legislations are being pushed through without discussion in Parliament and hardly any debate in the public sphere.
  • The Prime Minister rarely attends parliamentary debates, affecting the sanctity of the forum.
  • If the Lok Sabha met for an average of 127 days in the 1950s, in 2017 it met for a shocking 57.
  • If 72 Bills were passed in a year in the first Lok Sabha, the number was 40 in the 15th Lok Sabha (2009-14).
  • The Budget session for this fiscal year saw a usage of just 1% of its allotted time in the Lok Sabha.
  • Also, the Budget itself was passed without discussion, through the guillotine process.
  • Parliament, instead of representing the highest democratic ethos, is focussing on electoral majorities.
  • This leaves it incapable of challenging the barbaric social/religious practices enforced by dominant interests.
  • The dangerous void left by the executive and the legislature is only made to be filled by the Supreme Court.
  • But this could create potentially catastrophic ramifications for Indian democracy.

Why should judiciary's role be balanced?

  • The higher echelons of judiciary self-appoint their members through the collegium system.
  • Being an unelected body, the task of democratising society cannot be left to the judiciary alone.
  • The change must be through social and political struggles from the bottom, and not from above.

 

Source: The Hindu

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