Judicial Assertiveness

Judicial Assertiveness​

By: Amit Bhushan Date: 20th April 2018

The Judiciary seems to be trying to assert itself, i.e. to have adequate breathing space in the face of the Netadom. Some of the signs are quite evident. Its disposal of the much hyped Justice Loya case in the face opposition of the ‘Opposition’ is just a case in point. Its stern stance on the Rape case against the elected representative of the ruling party, is another case in point. It finally has managed to show some development in the infamous Black Buck case, even if with the delay of 20 years and still ensuring a long tedious battle ahead in the same case. Such assertiveness needs to bolstered further with the support of people and this can be done by ensuring ‘straightening’ of the bureaucratic apathy in several cases involving fight of the common people against the high and mighty. It may be noted that this article may not be exhorting the Judiciary to go along with the ‘mob’ but to ensure that the ‘tilt’ of the investigative machinery to favour the ‘influential’ sections, needs to be corrected and there is need to develop the capacity to handle volumes. This is while the political slug-fest amongst the parties and Netas continue to malign each other like in another Rape case as in Jammu and the much touted Law to peep into the Benami properties (especially on the Neta, bureaucrats & likes) which is a concern area, seems ineffective. It is surprising that even with such vitriolic electoral tumult, the ineffectiveness of the law to bring back black-money is not a question, but the Judiciary seems to have become a point in contention.

Besides the cases, we also seem to be having some movement in the NCLT under IBC and the ability to take on issues of gender bias laced with politics. The Judiciary will need to find a way to smartly skip over some purely political issues like temple and ensure the ability of the government to mess with judicial appointments and transfers is curtailed. While the Judicial system at the Apex level can still claim some level of public support, the challenges for the investigators and the larger bureaucratic structure consisting of several ‘independent bodies’ and organs of the government, is perhaps much deeper. Many will need to start with development of a smoother engagement with public to develop some positive image in the first place. Political control over the appointments transfers & postings which can’t be done away with, here; is an existential challenge. There is a need for the bureaucratic institutions to assert themselves, in the face of such challenges. It is ironical that no one in the bureaucracy which claims to have the best brains, has been able to come up with some formula on the transfer-posting bit that can have public support. This might be because the seasoned bureaucrats seem to be enjoying their time with the Netas, rather than in the public service and therefore little need for such formulas. And this is even when the Netas have steadfastly refused to be party on the banking mess, and have blamed it on sarkari institutions and the bureaucracy. It may be noted that the Game (author) is not against reforms in Judiciary, but such reforms should be carried out by the Judiciary itself after discussions with other wings of the government and due considerations rather than being led by either the Legislative or the politico-bureaucratic structure. Let the ‘Game’ evolve…..

 

[Swaswati Borpuzari]

Judicial assertiveness is a concept that refers to the willingness and confidence of the judiciary to make bold and independent decisions, often in the face of political pressures or societal controversies. This assertiveness is crucial for the maintenance of the rule of law, as it ensures that judicial decisions are based on legal principles and not swayed by external factors. In many democratic societies, the judiciary serves as a check on the powers of the executive and legislative branches, and judicial assertiveness is a key component in this role. By standing firm on constitutional and legal grounds, judges can protect individual rights, uphold justice, and ensure that governmental actions are held accountable. However, judicial assertiveness can also be a double-edged sword; while it strengthens the independence of the judiciary, it can sometimes lead to accusations of judicial overreach or activism, particularly when courts issue decisions that are perceived to usurp the role of the elected branches of government. Balancing this assertiveness with restraint is therefore essential to maintaining public trust in the judicial system and ensuring that it functions effectively within the broader framework of democratic governance.

 

[Dhruv Bindhani]

Judicial Assertiveness​

By: Amit Bhushan Date: 20th April 2018

The Judiciary seems to be trying to assert itself, i.e. to have adequate breathing space in the face of the Netadom. Some of the signs are quite evident. Its disposal of the much hyped Justice Loya case in the face opposition of the ‘Opposition’ is just a case in point. Its stern stance on the Rape case against the elected representative of the ruling party, is another case in point. It finally has managed to show some development in the infamous Black Buck case, even if with the delay of 20 years and still ensuring a long tedious battle ahead in the same case. Such assertiveness needs to bolstered further with the support of people and this can be done by ensuring ‘straightening’ of the bureaucratic apathy in several cases involving fight of the common people against the high and mighty. It may be noted that this article may not be exhorting the Judiciary to go along with the ‘mob’ but to ensure that the ‘tilt’ of the investigative machinery to favour the ‘influential’ sections, needs to be corrected and there is need to develop the capacity to handle volumes. This is while the political slug-fest amongst the parties and Netas continue to malign each other like in another Rape case as in Jammu and the much touted Law to peep into the Benami properties (especially on the Neta, bureaucrats & likes) which is a concern area, seems ineffective. It is surprising that even with such vitriolic electoral tumult, the ineffectiveness of the law to bring back black-money is not a question, but the Judiciary seems to have become a point in contention.

Besides the cases, we also seem to be having some movement in the NCLT under IBC and the ability to take on issues of gender bias laced with politics. The Judiciary will need to find a way to smartly skip over some purely political issues like temple and ensure the ability of the government to mess with judicial appointments and transfers is curtailed. While the Judicial system at the Apex level can still claim some level of public support, the challenges for the investigators and the larger bureaucratic structure consisting of several ‘independent bodies’ and organs of the government, is perhaps much deeper. Many will need to start with development of a smoother engagement with public to develop some positive image in the first place. Political control over the appointments transfers & postings which can’t be done away with, here; is an existential challenge. There is a need for the bureaucratic institutions to assert themselves, in the face of such challenges. It is ironical that no one in the bureaucracy which claims to have the best brains, has been able to come up with some formula on the transfer-posting bit that can have public support. This might be because the seasoned bureaucrats seem to be enjoying their time with the Netas, rather than in the public service and therefore little need for such formulas. And this is even when the Netas have steadfastly refused to be party on the banking mess, and have blamed it on sarkari institutions and the bureaucracy. It may be noted that the Game (author) is not against reforms in Judiciary, but such reforms should be carried out by the Judiciary itself after discussions with other wings of the government and due considerations rather than being led by either the Legislative or the politico-bureaucratic structure. Let the ‘Game’ evolve…..

This political article brilliantly unveils complex truths with both precision and an engaging touch. The writer's writing style is remarkably articulate and nuanced, capable of dissecting intricate political situations while maintaining a captivating flow. It's a testament to their ability to combine rigorous analysis with compelling prose. The structure is meticulously designed, guiding the reader through layers of political context and argumentation with a seamless and intuitive progression. This thoughtful arrangement allows for a comprehensive understanding of the forces at play. Furthermore, the outstanding clarity of the political insights is a defining feature. Arguments are presented with such sharp focus, and conclusions are drawn with such lucid directness, that the article becomes an invaluable resource for anyone seeking a deeper, unambiguous understanding of political realities.