38.6c New Delhi, India, Tuesday, April 16, 2024
Judiciary

Every Institution, Mechanism or Tool that is Designed to Hold the Executive Accountable is Being Systematically Destroyed: Justice AP Shah

By ROCKY DAS      22 September, 2020 08:53 PM      0 Comments
Every Institution, Mechanism or Tool that is Designed to Hold the Executive Accountable is Being Systematically Destroyed: Justice AP Shah

Every institution, mechanism, and tool today in India, that is planned or designed to hold the executive accountable, is being systematically destroyed, said justice AP Shah, former Chief Justice of the Delhi High Court and former Chairperson of the Law Commission of India.

Delivering a virtual lecture by Justice A P Shah at the justice Hosbet Suresh Memorial on the topic - The Supreme Court in decline: Forgotten Freedom and eroded rights.

The Supreme Court taking a critical look at the manner in which they had been taking politically sensitive and constitutionally important matters over the past six years, Justice Shah said:

The Supreme Court’s falling downward was fortunate and coincidental but was part of a larger, deliberately crafted strategy on the part of the executive to seize control of the arms of the state, in a way that would benefit its own political agenda.

He also gave an opinion that the court has failed to perform as a counter-majoritarian court “It is important to recognize the role of the court because I give special importance & value on the counter- majoritarianism in protecting the interest of minorities. A democracy derives its legitimacy from representing the will of the majority. But this legitimacy comes at a cost, in which the minority groups are invariably borne, and especially those that are unpopular and victims of prejudice and who cannot influence legislature in any way. This power to protect the minorities from the tyranny of the majority is the basis of judicial review power that allow courts to strike down laws from violating the constitution”, he said

He further said:

It is evident that the judiciary is moving downwards dramatically to remain independent. The open secret for the fact that the executive is responsible for that. This is also well known as how the executive is doing. There is no need to expend energy in packing the supreme court with pro-government judges. Finding over 30 judges who think alike would anyway be difficult, if not possible. It is sufficient to destroy if there is a combination of an opaque system like the ‘master of the roaster’ and a certain kind of Chief Justice of India and a handful of ‘reliable’ judges considered precious by an independent judiciary. Of course, this is far from being a hypothetical scenario, and is, in fact, playing out in India right now. The private disputes had been adjudicating by the truly and competent judges and are considered inconsequential. Many commentators have already pointed how the last three CJIs all used the powers anointed upon themselves via the ‘master of roaster’ to entrust politically sensitive and important matters to benches involving the recently retired Justice Arun Mishra”.



Share this article:



Leave a feedback about this
TRENDING NEWS

call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
sc-extends-stay-on-allahabad-hc-order-approving-survey-of-shahi-idgah-complex
Trending Judiciary
SC extends stay on Allahabad HC order approving survey of Shahi Idgah complex

SC extends stay on Allahabad HC's order for survey of Shahi Eidgah mosque next to Krishna Janmabhoomi.

15 April, 2024 05:19 PM

TOP STORIES

misleading-advts-case-baba-ramdev-balkrishna-tender-apology
Trending Business
Misleading advts case: Baba Ramdev, Balkrishna tender apology

Baba Ramdev, Balkrishna apologize for misleading ads. SC contempt plea hearing set for April 10. Patanjali assures compliance with court orders.

10 April, 2024 10:44 AM
sc-allows-gangster-turned-politicians-son-to-attend-fatiha
Trending Judiciary
SC allows gangster-turned-politician's son to attend 'Fatiha'

Supreme Court allows jailed MLA Abbas Ansari to attend his father's funeral prayers, granting temporary release under police custody.

10 April, 2024 11:11 AM
each-moveable-property-not-required-to-be-disclosed-by-candidates-in-election-sc
Trending Judiciary
Each moveable property not required to be disclosed by candidates in election: SC [Read Judgment]

SC rules not every movable asset needs disclosure in elections. Privacy rights preserved. Details vary per case. High value assets matter.

10 April, 2024 12:02 PM
delhi-cm-arvind-kejriwal-moves-supreme-court
Trending Judiciary
Delhi CM Arvind Kejriwal moves Supreme Court

Delhi CM Arvind Kejriwal moves Supreme Court against dismissal of plea in liquor policy scam case. Lawyers seek early hearing from CJI-led bench.

10 April, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email