WELL COMMANDED TRUST

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It is an acknowledged fact that the basic need for economic, social and political justice, as stated in the Preamble of Indian Constitution overrides the strict separation of powers. Consequently, the judiciary has to often take matters into its own hands in order to ensure that justice is achieved. After all, a bold and active judiciary is an indicator of a healthy democracy. Given the dangerous ramifications of various scams in the past few decades, the people have today high expectations of the Judiciary especially the Apex Court and hope that it resorts to every equitable remedy going as far as judicial activism so that strict guidelines are evolved to ensure transparency and accountability whether it is conducting of entrance examinations, recruitments, promotions or even the governance on the whole. This would ultimately ensure that none gets deprived of the genuine rights in the world’s largest democracy. It cannot be denied that separation of powers between the three organs i.e. Legislature, Executive and Judiciary must be upheld at all costs. However, the nature and structure of current society relies on judiciary to ensure justice. In a utopian world, the power of lawmaking would lie solely in the hands of the legislature, and such a process would be fair and reasonable. But unfortunately, today’s reality is closer to being dystopian rather than utopian. The idealistic circumstances under which such a division of powers was envisaged cannot hold ground in today’s world as corruption runs rampant, vested interests are given priority, and deprivation of masses is a matter least to bother. Further, the legislative process is more a rule of majority than reason and all this leads to failure in satisfying the ends of justice. In such a situation, the proactive role of the judiciary in terms of judicial activism is only natural and must be so accepted. It has been observed in certain cases that it is imperative for the judge to take upon the role of an activist to uphold the rule of law. However, sometimes this ‘activism’ can turn into judicial overreach, when the contours of judicial activism are crossed. It is pertinent to mention here that Indian judiciary has delivered hundreds of visionary judgments by exercising judicial activism, which would have been completely unimaginable some years ago. In fact the nation has seen instances of beneficial judicial activism in multiple cases including that of Shibu Soren, Sanjay Dutt and Navjyot Sidhu. As such despite criticism of judicial activism, it cannot be disputed that it has played a great role in improving the conditions of the masses in the country. Judicial activism has in fact begun the process of eliminating some occasional aberrations in Judiciary too. This can only be furthered by sincere and vocal judicial advocacy, and not by dragging the judiciary down in the eyes of the public. The greatest asset and strongest weapon in the armour of the judiciary is the trust that it commands and the faith that it inspires in people’s minds in its capacity to do even-handed justice and keep the scales in balance even, in every case that it has to deal with. Undoubtedly it has proved time and again that it deserves the recognition it achieves and there is every reason to be proud of our judiciary that continues to work unabated towards the collective goal of justice for every Indian citizen irrespective of caste, creed, colour, region, religion or economic considerations.