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Is the Third Organ of the Government in Grave Danger?

by Vidhi KoolwalJanuary 14, 2018

Days after the senior-most judges of the Supreme Court held a press conference, expressing their discontent about the CJI’s action of transferring the cases, the said action has faced mixed opinions by all hemispheres of the country.

Democracy is suffering and this can be rightly stated by the inner war that the most sacred organ of the government is fighting among themselves. While the people were not able to digest the ugly war of the legislators, the news where the representatives of the most sacred institution are expressing their concern for democracy has shaken the very belief of the citizens in the system.

The claim that the CJI has possibly given in to the influence and has been transferring the cases, in a way, which is not ethical, has even gathered the attention of the Senior Advocates, who have viewed this as a serious abuse of power. The Hon’ble Judges had also pointed out that, before taking such a drastic step, they had sent a letter to the Hon’ble Chief Justice of India, who had ignored the requests mentioned in the same.

Thus, what can be construed is that an institution, which, in a case, had rightly stated that “Judges should be of stern stuff and tough fibre, unbending before power, economic or political, and they must uphold the core principle of the rule of law” is suffering from the possible abuse of power of the very vein of the organ.

In the case of Manoj Narula v Union of India, the Hon’ble Supreme Court had observed that, “A democratic polity, as understood in its quintessential purity, is conceptually abhorrent to corruption and, especially corruption at high places”, however, taking into account, the present scenario, where the most essential organ of the State, is possibly losing it’s purity, it can be claimed that there is a definite need for the people to take a cognizance of these difficulties, rather than taking them for granted.

A democracy where an important organ of the government is so aggrieved that it has to rely on the fourth pillar for help, cannot be stated to be a complete form of the same. Maybe it is time for the people to realize the same and to speak out.

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