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  • Category: Miscellaneous

    Do you feel over indulgence of court with govt on daily affairs justified ?

    Having failed to get the right kind of response from the central government many states and the eminent persons are knocking the doors of SC for many reasons and matters and most of the issues of policy decisions to which planned process has been initiated and over indulgence of courts on daily affairs is actually preventing the government to go ahead with its plans as the officials concerned are visiting courts often and not concentrating on the implementation of proposals. Do you feel that the courts should not interfere often to a performing governance at the center.?
  • #730156
    The author may kindly give the instances of overindulgence of the courts with the government on daily basis.
    " Be Good and Do Good "

  • #730158
    When Central or state governments are turning blind eyed to people and to restore the fundamental rights of people, the courts are playing the correct role. This is the only hope for the people to enjoy their fundamental rights that were snatched by the governments. If governments oppresses courts in this respect there is no democracy remain in India. Already international surveys conducted by bench mark organizations are indicating that Indian democracy is turning into a kind of electoral autocracy in recent times. So it is very important for courts to protect the rights of people otherwise these governments turn India into a fascist country.

  • #730159
    The court is an important pillar of the constitution and this constitution also gives powers like the review to the courts on the basis of Article 13, in such a case, the intervention of the court is not wrong from anywhere. The government can bring policies and can also build the treasury of schemes, but how much of its benefit is reaching the appropriate class, the government is not able to decide itself because a big wall of corruption stands between the government and the public. The court is the only way where people of different classes can demand their rights without any fear. Granted, Article 51 separates the judiciary from the executive, but the purpose of this separation is so that there is no injustice to anyone. But in this thread, there is a bit of confusion about the subject of a particular case or due to not giving any specific examples, because sometimes the reality of the matter is also important.

  • #730160
    This is really a very interesting post by the author and will definitely evoke mixed reactions. Generally courts do not interfere in the working of any Govt whether it is the centre or state. Courts have no interest or desire to do that as it is totally beyond their jurisdiction. But when some unprecedented situation comes in the country courts are allowed and authorised in our constitutions to take some suo moto observations which are meant for the overall benefit of the public at large. If court does not do that then it also becomes a conspicuous things for many of us thinking that court is avoiding to interfere in even the extreme conditions. When people approach court in such situations then the job of court becomes easier and they can definitely give a verdict and observations on those cases which are in the nature of complaint. The role of court is very important. It brings the so much required resolutions in many cases.
    Knowledge is power.

  • #730176
    It is not the overindulgence of people to go to the court but the inefficiency of the central government for not providing people with adequate facilities and a better health care system to save their loved ones. When people are helpless on the ground battling for life and not finding any remedy to protect their it, filing appeals in courts- the abode of justice for helpless people, is the only option to get some breather.
    In a pandemic when govt is not able to procure a sufficient quantity of oxygen and medicine, attendants of patients are trying to get them from their capacity for which they get criminalized, unfortunately. In such a bone-chilling and heart-wrenching situation what are the options left for a common man? Of course, courts only. The situation has been created by inefficient authorities for people gasping for breath, in such cases, courts can intervene and ask govt's to properly work on the ground and provide all the facilities needed in the crises, and also stop bragging of completely unnecessary vista project at this time when the country is facing deadly virus.
    So, it is not overindulgence that people are running towards courts but they are feeling helpless and being forced to do so due to authorities negligence and their complacency about the virus and health care system in India, and feel courts could provide some relief by directing authorities!

  • #730194
    The elected governments are going in a different direction and completely forgetting about the welfare of the people and the society. Then who has to come to the rescue of a common man.
    In Telangana, the Chief Minister is busy settling his matters with his cabinet colleagues and giving last priority to the health issues of the common man. In such a case, who has to intervene. Even though the central government advises the state government they may not take it seriously. The night curfew also imposed by the State government only after the court warned them seriously.
    Because of their intervention, only certain things are being set right. I feel the courts are doing a good job and we can't say it is overindulgence, in my opinion. Even in AP, many issues are stopped only after the court warned the state government about their wrong way of working,

    drrao
    always confident

  • #730199
    For example in case of Oxygen cylinder order from the court, the central govt responded that it need not reveal the plan to the court.
    K Mohan @ Moga
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #730202
    This is an interesting topic. As it is claimed that central government has failed to cope with present crisis pervaded in the country. In some cases Supreme Court has taken cognizance as per its power of suo moto. Supreme Court has ordered to central government to work in a proper way. However, now government is trying its best to protect lives of people. How situation will.change can't be said right now. We are still in serious trouble. People are still dying because oxygen is not available on time.
    Supreme Court lately has constituted a task force which will give its report about how oxygen should be distributed to all states etc. But I doubt If situation will change because Supreme Court has no executive powers, so only it can give its verdict or warn or suggest central government. I dont think central government is weak before Supreme Court. I think if supreme court does not stop from interference the central government will strictly ask Supreme Court to mind its own business and stop disturbing central government.

  • #730207
    The Courts of Law come into the picture when a case is filed before it. Courts are the only hope for the public as the government is the biggest litigant in the country. The Courts of Law have a responsibility to see that the government is run as per the laws of the country and the Constitutional validity.
    The Supreme Court took 'Suo moto' cognizance of the covid management because of the grim situation with regard to the supply of oxygen and essential drugs for the treatment of patients infected with the virus. It wanted the government to have a national plan. So far nearly two hundred lives are lost due to the non-availability of oxygen in the hospitals. The Supreme Court is doing a wonderful job because of which the oxygen supply was regulated to some extent. It wanted the government to revisit the pricing policy of the vaccines. The government submitted an affidavit to the Supreme Court on Sunday, asking the Judiciary not to interfere with the pricing policy which was criticized by many all in the country. The case is adjourned to 13-05-2021 and we have to see what stand the Supreme Court will take.

    " Be Good and Do Good "

  • #730225
    Yesterday after the High Court of Telangana intervened, the State government hurriedly held a cabinet meeting today and announced lock down from tomorrow. That means the High Court worked for the cause of public but not the government. High court also criticised them for stopping the ambulances that are coming from neighbouring states. If the governments are not sensible enough and not acting on humanitarian grounds, the courts should do that and see that the government will be back on track. I feel courts are doing a very good work.
    drrao
    always confident

  • #730293
    Our Constitution makers and nation founding fathers have envisaged the Legislature, Executive and Judiciary have to be independently separate, non-interfering into each other ; to ensure smooth functioning of dour democracy and governance.
    However we had seen many times that one or other interfere and try to command the other , at times. It was more seen that the legislature was interfering and subjecting the other two under their power and command. But at some very relevant occasion we also saw the Judiciary saving the nation from the over ambitious legislature or executive.

    But rarely have I seen Judiciary in a 'judicial-activism' mood like now. While the judiciary has to step in and put their stamp when Constitutional rights and safety are breached, it is not proper for them to enter into the day-to-day governance of a democratically elected government.

    But I also have a doubt as to whether it is a sort of a 'way out' enjoyed by the government also to come out of difficult situations that they 'allow'judiciary to take initiatives on many things. However Judicial over-activism is also not good to the country, as people will slowly lose faith in democratic governments. At that time even judiciary itself will not be insulated and will suffer.

    So it is our wish that the Executive, Legislature and Judiciary along with Media also be within their limits and responsibility only.

  • #730309
    Article 21 of the Constitution of India, gives the right to life to citizens of India. In the recent second wave of the pandemic, according to the news reports, nearly 200 people lost their life due to a shortage of oxygen in the hospitals. In October 2020, the Parliamentary Standing Committee on Health and Family Welfare has indicated to the government a possible shortage of oxygen. The government did not take any action in this regard. The committee set up by the government gave an advance indication of the probable second wave of the corona. This was also not taken care of. The official figures themselves indicate death rates increasing sharply during the second wave. The Delhi government asked the central government for an enhanced quota of oxygen which was not taken care of by the central government. The essentials like hospital beds, oxygen, and medicines for the covid treatment are also in short supply. In these circumstances, the Supreme Court took Suo moto cognizance of the covid management by the Central government. Only after the Supreme Court stepped in, the shortcomings were addressed and many lives saved. If this is considered by anyone to be judicial activism, they have to rethink it again.
    The political parties in power always tried to have an upper hand over the judiciary as they felt it was a stumbling block to do whatever they like. The successive governments tried to have a hand in the appointment of the judges but the Supreme Court stood its ground and did not allow them to do so. As I have pointed out in my previous response, the Courts of Law come into the picture when a case is filed before it against the government. The judiciary is the last resort for the public to safeguard their rights as the government is the biggest litigant in the country.

    " Be Good and Do Good "

  • #730310
    As far as the matter of oxygen cylinder is concerned, in this case, if the court has ordered before the Parliament that the government should put the reports related to its arrangements before the court, then it is completely justified. If we look at it from the side of the constitution as well, then we will find that the citizen has the fundamental right to live a healthy life, and no one can take away this right. In such a situation, when there are so many deaths due to lack of oxygen, it is perfectly right to question this of course.

  • #730400
    Generally courts will not be interfering like that but in certain rare situations they might take a cognisance of the issues that are there and the intention of courts is always to protect the common people from any hardship.
    Thoughts exchanged is knowledge gained.


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