Judicial Independence and Democracy: Concerns and Expectations from India's Supreme Court

 

As advocates of democracy and the rule of law, it is disheartening to observe the troubling trends in judicial proceedings that seem to favor the encroachments of a dominant executive over the democratic ethos of India. The Supreme Court of India, endowed with significant judicial powers, faces a critical test in upholding justice and curbing any dictatorial tendencies within the government.

Recent cases involving key opposition figures, such as Arvind Kejriwal and Manish Sisodia, have raised alarm. The extended delays in their bail hearings, coupled with the stringent provisions of the amended Prevention of Money Laundering Act (PMLA), reflect a judicial approach that appears to shift the burden of proof onto the accused. Such measures challenge the foundational legal principle that one is innocent until proven guilty and hint at a judiciary that might be failing to exercise its powers to protect democratic freedoms.

As Non-Resident Indians (NRIs), we maintain a vested interest in the governance of India. Our historical contributions to India’s independence and our ongoing involvement in sectors like IT and telecommunications reflect our deep connections to the nation. We see parallels between the current political maneuvers in India and those that have led other nations toward religious and political extremism. We must voice our concerns, advocating for a judicial system that serves all citizens equitably and guards against the concentration of power.

The Supreme Court’s reluctance to decisively act against unconstitutional legislative changes is concerning. The Court must reassess its stance on such matters, ensuring that its judgments reflect a commitment to the Constitution rather than transient political interests. Our democratic institutions must not only operate independently but must also be perceived as such, to maintain public confidence in their impartiality and integrity.

In conclusion, the role of the Supreme Court in safeguarding democracy cannot be overstated. The Court must rigorously exercise its judicial review to prevent any drift towards authoritarianism and ensure that the systems of checks and balances function as intended. As members of the global Indian diaspora, it is our responsibility to remain engaged and to advocate for a robust, transparent, and fair judiciary that upholds the rule of law, ensuring that India continues to thrive as a vibrant democracy.

Comments

  1. AnonymousMay 10, 2024 at 4:41 AM

    So true, but then who will bell the cat!

    ReplyDelete
    Replies
    1. AnonymousMay 16, 2024 at 6:46 AM

      Sorry for this delayed response. If everyone decides that they won't stay quiet when injustice is happening in front of their eyes and start to speak up, then they will bell the cat (your reference for the change).

      Delete

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