Court and political order

Sir, - Mr. Harish Khare's article `The court and the political order' (Oct. 31) brings out the dangerous trends in the working of the judiciary. The old political thesis of ``committed judiciary'' is no longer forceful or valid in view of the governments being formed by coalition. There are other cases in which the judiciary made forays into the domain of the Executive in laying down conditions for appointment to certain offices such as Central Vigilance Commissioner and Election Commissioners, under the garb of guaranteed independence. The judiciary, including the Supreme Court, is also indulging some times in writing the law instead of interpreting it which is the sole duty of the judiciary. The law-making power and duty rests with the legislature and parliament while the judiciary is to interpret the same. In the recent case involving the AIADMK leader, Ms. Jayalalithaa, the apex court went behind the plain and unambiguous language of the Act and went into the intention of the law makers. It was an affront to the independence, integrity and judiciousness of the judges when recently the apex court decided to transfer the case relating to release of Cauvery water to another bench as the previous bench consisted of a judge from Karnataka. If the judges do not have faith in themselves, certainly the executive would take advantage of such a situation and the judiciary cannot maintain its efficiency and moral authority.

With a general fall in ethics both of the common man and of the politicians, the judiciary has a very difficult and positive role to play to ensure equilibrium between the Legislature, Executive and Judiciary.

C.M. Rama Rao,

Visakhapatnam, AP

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