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
