The Apex Court Issues

by Amit Bhushan on Friday 12 January 2018, 6:06 PM | Category: Legal| View: 288 views


The Apex Court Issues

                                             By: Amit Bhushan                            Date: 12th Jan. 2018


The issues flagged by the Judiciary seems to be a challenge. This is especially so as the questions that are raised seems to be around twisting of Traditions, Conventions and practices although clarity regards the same seems not fully available but the wisdom of the judges is to be relied upon. While it has not stopped some element of chest thumping by ‘influential people' already making up minds on the ‘sides' they want to be seen. The ‘Game' feels that with the Judiciary, the issue is rather serious and taking any sides would not help since the Apex court needs to hold on to the proverb that ‘the Caesar's wife should be beyond suspicion'. With the challenges mounting on the Apex judiciary in terms ‘deal size' wherein there were earlier one or two large business groups under its adjudication and now many more are likely, the Apex Judiciary needs to balance the ‘politics' within, for it to be able to ‘deliver' what is expected out of it.

The ‘learned Judges' irrespective of the ‘side', should be aware that flow of such ‘influential cases' and many more would tend to challenge near ‘all' traditions, conventions and practices as well as their conventional wisdom. So there might be need to ‘communicate more' as well as ‘deliberate more' to meet the goals of the Apex Court regards ‘delivery of sound Judgment by interpreting the Rules, Laws and the Constitution. Of course while the Traditions, Conventions and practices of the courts need to change with the time, however these changes should be in manner that help achieve those goals much more smoothly and to minimize friction. Already there has been news that the ‘Bar Council' is looking to limit the role of ‘elected MLAs and MPs' in the functioning of Judiciary so that their ‘influence' & may be ‘political jugglery' is reduced in ‘administration of justice', which seems like a better decision, although ‘Game' is not sure about its overall impact due to ‘lack of expertise' and would expect some of the ‘retired learned Judges' to ponder over such a move, rather. The challenge here would be to ponder over such evolution of the Justice system at the Apex court as well as its flow downwards, to have more written down material regards these Traditions, Conventions and practices for people to follow, rather look at ‘individual cases' may be and the practice of trying to ‘influence' the ‘system' for individual cases should be put to an end.     

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