Author: Editorial
Publication: The Pioneer
Date: April 10, 2007
Judiciary can't ignore flawed policy
Prime Minister Manmohan Singh was uncharacteristically
blunt while pointing out that "the dividing line between judicial activism
and judicial overreach is a thin one" at a conference of Chief Justices
of High Courts and Chief Ministers in New Delhi on Sunday. The unusual sharpness
of his comments reflect the UPA Government's increasing disquiet over the
judiciary, especially the Supreme Court, undoing policy framed not for the
welfare of the masses but with an eye to garnering votes at election time.
In fact, for a better appreciation of Mr Singh's remarks they should be seen
against the backdrop of the recent Supreme Court order staying the implementation
of the policy to reserve 27 per cent seats for OBC students in Union Government-funded
institutions of higher education. Before that order, the Supreme Court, in
a landmark judgement with far-reaching implications, ruled that any law placed
under the Constitution's Ninth Schedule after April 24, 1973, providing immunity
from legal challenges, are subject to judicial scrutiny if they violate fundamental
rights. This has virtually stripped the Union Government of the constitutional
protection that has been abused, more so by the Congress, for the explicit
purpose of preventing politically-motivated policy from being challenged in
court. Given the cynical purpose behind his cautioning the judiciary against
overreach, it is difficult to support Mr Singh's contention, although it can
be nobody's case that judges should be unmindful of maintaining harmony between
the three organs of the state - the executive, the legislature and the judiciary.
