Shekhar Gupta: Judiciary on trial: It is up to CJI Misra to end this crisis

Shekhar Gupta: Judiciary on trial: It is up to CJI Misra to end this crisis: The four judges have shattered the judiciary's code of silence. It is up to CJI Misra to end this crisis...

Apex mutiny
Apropos Shekhar Gupta’s piece “Judiciary on trial”, using aptly chosen words at such short notice (BS, National interest, January 13), one would love to go with the optimism that before this letter goes to print, the contours of a consensus solution to get over the impasse amicably would have surfaced.
The current decade has been witnessing a peculiar situation in Indian political system in regard to hierarchical issues from the role of the President to running of local self-government bodies. Several issues which can have only a political solution through democratic processes were routinely getting referred to the judiciary for the decision, overburdening an ill-equipped judicial system. Ideally, courts should have desisted from the temptation to consider issues which should have been decided by elected legislatures after due deliberations. Instead, if multiple-dimensional responsibilities are thrust upon any limb of the democratic system, the chances are, instead of problems getting sorted out, decisions will get influenced by political weather with the possibility of each solution leading to a new problem or controversy.
To restore the efficiency of parliamentary democracy, Centre should take the initiative to evolve a political consensus on the need for parliament, state legislatures and other democratic institutions to function smoothly. Till such time country-specific hierarchy and architecture evolves, attempting such a consensus will call for a certain amount of give and take as regards sharing of power and resources by all stakeholders and a higher level of statesmanship from the political leadership.
M G Warrier, Mumbai


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