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Saturday, March 5, 2011

Judicial Activism

It is said that the 3 pillars of a democracy are the legislature, the executive and the judiciary (some also speak of the media as the 4th pillar, but the less is spoken about it in the Indian context, the better). It was also said that in India the pillars of the legislature and the executive are broken. What stands as a hope for the common man is the judiciary.

With much fanfare, Justice Balakrishnan was appointed the first dalit Chief Justice of India some years ago. And going by his tenure one could conclude that the last pillar of the Indian democracy is also broken. First it withdrew its stance on the OBC quota issue and gave in to the government. Next it did nothing when UPA I bought out support in the Lok Sabha after the left withdrew support. Predictably, this dalit ex-CJI's kins are now facing charges for amassing assets disproportionate to their known sources of income.

How about the judiciary's shoddy dealing of the Bhopal gas tragedy conviction and the Binayak Sen case?

Faith is slowly being restored to the Judiciary under CJI Kapadia. The judiciary under him is giving the governments a hard time: the CWG scam, the 2G scam, black money in tax havens, the Godhra train burning conviction, the Netai case, etc. The common man can once again turn towards the judiciary for justice.

Can all judgements passed under Balakrishnan's tenure be re-examined?

Read a related TOI article here.

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