You are on page 1of 1

Judicial Overreach

Three branches of government Executive, Legislature and Judiciary are one team with complementary strengths formed to deliver good governance. In a fashion similar to the Indian cricket team, only one of them is in form anytime so far in the history. When Pandit Jawaharlal Nehru was at the helm of the affairs, the Legislature took the lead and other two were playing secondary roles till the times of Madam Indira Gandhi where Executive will prevailed over every thing and now to set record straight, judiciary has taken over. It also indicates one more thing that legislature and executive have lost the trust of the common populace that they can deliver who look desperately at the last option. For judiciary the dilemma seems to be borrowing shakespearen words.. to be or not to be. Judiciary for all its faults has delivered instant justice be it the imposition of CNG in cities, Banning VIP Traffic jams, Red beacons, Demolition of Unauthorised structures or taking over investigation of scams. Instant justice thrills the people but is no substitute to the reliable structures which prevent injustice. Such structures are part of the executive branch and the mandate to create such structures is with the legislature. Judiciary by naming and shaming these structures & legislature intent has unfortunately isolated them from the common man. Legitimacy of the Government as a whole is a victim of such in-fighting between the three branches of the government. Once the Government loses legitimacy, the common man becomes isolated and the environment is ripe for the anarchist politics where the only point on the agenda is overthrowing this system with out a thought on what next? Responsibility of being one of three branches should remind the Judiciary that isolating and discrediting the other two would help nobodys cause. It should play the role of family member helping and guiding the other two branches with out overreach and trying to do their job. Further, As Lord Acton famously put, Power corrupts and absolute power corrupts absolutely. Judiciary seems to be experiencing the same. Quick remedial action needs to be taken to put the house in order. It is a well known fact that at lower levels judiciary is among the most corrupt organizations in the country, if this rot spreads to the top then the only hope of reforming the system is gone. This perhaps should be at the top of priority list of the Honourable Lordships. For the dilemma noted above.. it seems the answer appears to be it better not be.