Popular Majority Not A Defence For Arbitrary Actions Of Govt; Functioning Of Democracy Unthinkable Without Judicial Review : CJI Ramana
3 years, 3 months ago

Popular Majority Not A Defence For Arbitrary Actions Of Govt; Functioning Of Democracy Unthinkable Without Judicial Review : CJI Ramana

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A popular majority is not a defence for arbitrary actions of the Government, said Chief Justice of India NV Ramana, while underscoring the importance of all wings of the state acting within their constitutional limits. Growing tendency of executive to disregard orders passed by the Court CJI Ramana also raised concerns about the "growing tendency to disregard, and even disrespect Court orders by the executive". These include issues such as: Need for Domain Expertise Absence of Well-Considered Legislation Non-Cooperative Executive Dysfunctional Criminal Justice System Dysfunctional Criminal Justice System New Threats to the Judiciary Increasing Judicial Resilience The second category relates to perennial issues before the judiciary. I call these challenges "persistent challenges" and they are as follows: Improving Judicial Infrastructure Filling Judicial Vacancies Ever Increasing caseloads I will first discuss the "new challenges" to be faced by the judiciary, before giving some of my thoughts on the "persistent challenges" before us. Unless the other two coordinate organs make sincere efforts to fill the judicial vacancies, appoint prosecutors, strengthen infrastructure, and make laws with a clear foresight and stakeholders analysis, judiciary cannot be held responsible alone.

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