Legislation of law and administration of justice: Doe a conflict exist?


Law and justice

This refers to the report “Why make a show of patriotism: SC judge” (The Hindu, October 24). As generally people are averse to commenting on court observations, Justice Chandrachud’s terse observations in the open court may not attract much public attention till another petition is filed in the Apex Court on the subject or Centre decides to consider another legislation to uphold the dignity of National Anthem. Allowing ‘law to take its course’, one is tempted to divert into a general issue which deserves public debate. This relates to legislation of laws and the role of courts in administration of justice.
Viewed from a different angle, one feels that, of late, legislatures, from Parliament down to Gram Panchayats are not devoting enough time for deliberating on the various aspects of the laws they make or judicial or quasi-judicial decisions they take. This results in a situation where legislative decisions get questioned in courts of law much faster than this happened in the past. The side effect is, courts get confused about matters which they should handle and matters which should be left to be handled by other authorities which have been traditionally handling and settling local or sectoral issues amicably, applying commonsense, without hairsplitting letters of the statute book.
Perhaps, political leadership and judiciary should have a dialogue at the highest level on legislation of law and administration of justice without compromising the basic features of Indian Constitution and safeguarding public interest without hurting patriotic or religious sentiments.
M G Warrier, Thiruvananthapuram


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