Matters that count – Attempts to intimidate the judiciary pose a threat to democracy, Pg8

Key Highlights:

• The Supreme Court has faced criticism for allegedly intruding into executive and legislative domains.
• Vice-President Jagdeep Dhankhar questioned the judiciary's role in governance.
• Article argues that judicial review and checks on executive and legislative action are essential to democracy.
• Cites recent SC decisions on violence in West Bengal, obscene content regulation, and timelines for Governors and Presidents.
• Asserts that attempts to intimidate the judiciary threaten democratic accountability and constitutional balance.

Background/Context

• Recent criticisms have emerged from ruling political circles targeting the judiciary’s independence, particularly after the SC issued judgments on issues involving governance timelines and federal intervention.
• The Supreme Court has defended its constitutional mandate to ensure all actions—legislative or executive—adhere to the basic structure of the Constitution.

Key Developments

• Petitions asked the Court to direct the Centre to act under Articles 355 and 356 (dealing with state emergency powers).
• Another case sought judicial intervention to regulate online obscenity.
• The Calcutta High Court ordered deployment of Central forces to manage law and order in West Bengal.
• SC recently ruled that Governors and Presidents must act within timelines on State Assembly legislation, preserving legislative sovereignty.

Strategic/Policy/Legal/Economic Implications

• Judicial review is a constitutional mechanism to protect fundamental rights, uphold constitutional morality, and ensure checks and balances.
• Articles 13, 32, and 226 empower courts to strike down unconstitutional laws and issue writs.
• The basic structure doctrine ensures that even constitutional amendments are subject to judicial scrutiny.
• The judiciary’s independence is key to ensuring accountability in both legislative and executive branches.

India's Stand or Way Forward

• India’s constitutional democracy is rooted in institutional checks rather than majoritarian supremacy.
• Strengthening judicial independence, while promoting dialogue between branches, is essential for governance.
• Courts must resist political pressures and uphold the rule of law, regardless of populist demands.
• The public trust in judiciary must be preserved through transparent processes and constitutional fidelity.

Challenges Ahead

• Rising political rhetoric may erode public confidence in judicial objectivity.
• Need for judiciary to maintain balance between activism and restraint.
• Friction between judiciary and legislature can escalate if institutional roles are misunderstood or politicised.
• Risk of constitutional crises if judicial authority is consistently challenged by executive actions.

Mains Mock Question:

Discuss the role of the judiciary as a guardian of the Constitution in the context of recent debates on judicial review and legislative supremacy. How do such tensions impact India’s democratic structure?”