The Year of the Surajmukhi Court

 As 2023 Ends, Can the Judiciary Be a Beacon of Hope in India's Eroding Democracy?

The year 2023 has been a bleak one for Indian democracy. Erosion of civil liberties, increased government control over institutions, and a chilling effect on dissent have marked the landscape. In this grim scenario, the judiciary has emerged as a flickering light, a potential bulwark against the tide.

Indira Jaising, a renowned Indian lawyer and human rights activist, in a recent article, cuts through the dense fog of despair, offering a nuanced perspective on the judiciary's role in this critical juncture.

The Judiciary's Tightrope Walk

The Indian judiciary, particularly the Supreme Court, has a long and proud history of upholding the Constitution and protecting fundamental rights. Landmark judgments like the Kesavananda Bharati case, establishing the basic structure doctrine, and the Shah Bano case, upholding the right to maintenance for Muslim women, stand as testaments to its commitment to justice.

However, in recent times, the judiciary has faced increasing pressure from the executive, often accused of adopting a cautious approach and shying away from pronouncing against the government.

Jaising acknowledges this tightrope walk, stating:

"The judiciary is caught in a difficult position. On the one hand, it must be independent and fearless in upholding the Constitution. On the other hand, it must be mindful of the consequences of its actions, which could lead to a confrontation with the executive and a potential crisis of governance."

A Ray of Hope

Despite the challenges, Jaising finds reasons for optimism. She points to several instances where the judiciary has stood firm, protecting individual rights and upholding the rule of law.

• The Aadhaar judgment, for example, struck down the mandatory linking of Aadhaar with various services, safeguarding privacy rights.
• The Sabarimala verdict, allowing women of all ages to enter the temple, challenged patriarchal norms and religious dogma.
• The recent Pegasus snooping case, where the Supreme Court ordered an independent inquiry, demonstrated its commitment to holding the government accountable.

These instances, Jaising argues, show that the judiciary can still be a force for good.

The Road Ahead

Looking ahead, Jaising emphasizes the crucial role the judiciary must play in the coming years. She calls for:

• Greater judicial activism, particularly in cases involving human rights violations, freedom of speech, and minority rights.
• Upholding the principles of judicial independence and resisting any attempts to undermine it.
• Engaging in constructive dialogue with other stakeholders, such as civil society and the media, to build a strong public consensus on democratic values.

Jaising concludes by stating:

"The year 2023 may have been a year of darkness for Indian democracy, but the judiciary can still be a beacon of hope. By asserting its independence, upholding the Constitution, and protecting the rights of all citizens, the judiciary can help guide India back towards the path of democracy and justice."

The Indian judiciary stands at a crossroads. Whether it chooses to be a passive observer or an active defender of democracy remains to be seen. But the words of Indira Jaising serve as a powerful reminder that even in the darkest of times, the torch of justice can still flicker, offering hope for a brighter future.

Additional Notes:

• This is a brief overview of Indira Jaising's article. It is recommended to read the full article for a more comprehensive understanding of her views.
• The situation in India is complex and constantly evolving. This article is based on the current situation as of October 26, 2023. 
•  (With input from news agency language)
   If you like this law news, share it with a friend!