Public Administration Mains 2018 : Model Question and Answer - 84
(Public Administration Paper II / Chapter: Union Government and Administration)
(Current Based ) Question: Why damage control is imperative in Judiciary undermined on multiple fronts ? (20 Marks/300 Words)
Model Answer:
Of late the Supreme Court of India, to be precise the Chief Justice of India , has been in the news for the wrong reasons. It all started with the holding of a press conference by the four senior-most judges of the apex court expressing their disenchantment with the working of the chief justice. They went as far as to say that they were compelled to go public as in their perception, democracy and the rule of law were in peril.
The Congress knows all too well that the impeachment will not succeed. Not only the numbers are not on its side but the allegations also have little or no merit. And yet, a step towards impeachment has been taken, all in the name of the independence of the judiciary.
Justice Joseph is being punished for his judgment striking down the action of the governor of Uttarakhand when the latter imposed President’s rule in the state without a floor test. It is perceived to be an attempt to discipline judges who are not in sync with the government. It is also an attempt to scuttle the unanimous recommendation of the collegium, ignoring the recent judgment of the Supreme Court, which held that the judges will have primacy in the matter of appointments.
All the players claim their actions are to uphold the independence of the judiciary. The truth is that the independence of the judiciary is besieged from multiple fronts — from some of its own, political parties and the government as well. It is time that a damage control exercise is undertaken at all levels.
Last, but not least, the Chief Justice of India should make every effort to unruffle the ruffled feathers and assuage the feelings of his estranged brothers for the sake of peace, harmony and brotherhood. (Total Words- 298)
Valuable inputs from The Indian Express Opinion: ‘In the Name of Independence’ by Rekha Sharma
(Linkages: Judiciary and Democracy, Judiciary and Judicial Independence , Judiciary and Damage Control )