ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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Credibility of Apex Court

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A ndrew Jackson once said: All the rights secured to citizens under the constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous judiciary. We know that the concept “independence of judiciary” was enumerated from the constitution of the United States. Judicial independence was felt inevitable while drafting the constitution because this would act as a “check and balance” and would defend the constitutional rights of people whenever they face any danger from the legislative and executive wings of the state or intrusion from any powerful bodies and also work as a watchkeeper of the constitution and constitutional rights.

As delineated in “Supreme No More” (EPW, 18 November 2017), the time has come to ponder over whether the Supreme Court is really supreme! Since independence, the role of the judiciary, whether it is the Supreme Court or the high courts in different states or lower courts, have faced both accolade and criticism. No doubt, many landmark judgments in the past have instilled faith in the judiciary, particularly towards the Supreme Court which has from time to time protected the rights of the people. But myriad poor and opportunistic judgments often raise questions on the credibility of our judicial systems, including the apex court. The cumbersome process of securing justice is often so torturous that only the resourceful ones win anyhow in the long run. And if a battle for justice takes place between the rich and poor, it is barely possible for the poor to sustain in the fight; ultimately, truth succumbs to death most times. That is one aspect of the whole menace in our judicial systems, without any hope of improvement in the short term.

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