Public Administration Mains 2018 : Model Question and Answer - 63
(Public Administration Paper II / Chapter: Union Government and Administration)
(Current Based) Question: In a working democracy there must be a concentrated effort for a independent judiciary. Discuss in the context of the recent controversy . (15 Marks/200 Words)
US Supreme Court Justice Frankfurther advised that the Indian Supreme Court always sit all together otherwise warned that if the Supreme Court sat in benches, there would be as many supreme courts as there were benches of the court. That advice was not followed. There has been sharply divided use of the Supreme Court on various questions.
The judiciary is a collegial family where decisions are given entirely based on law. It is now apparent that personal inclination of judges also sometimes dictate the fate of the cases .
It is time to ensure that the institution is again put back on an even keel, to ensure that there are no outside forces which can dictate the course of events. It is all too easy to dismiss this as a clash of personalities. There are serious issues which have been highlighted by the four judges who have otherwise not been expected to go public.
Appealing to the court of public opinion is a dangerous precedent, the invitation to public opinion will intrude into judicial working and bring with it the dangers of political polarization into judicial questions. The only solution is ,the issues flagged by the four judges should be resolved within the judicial family without resorting to any political or media platform . (Total Words- 214)
Valuable inputs from The Indian Express Opinion ‘A truly independent judiciary cannot be subverted from within or outside’ by Sanjay Hegde
(Linkages: Democracy and Independent Judiciary, Judiciary and Public Opinion, Judiciary and Due Process of Law )