A switch was made to democracy from monarchy when kings abandoned the divine duty of serving the people. Without this duty, only the structure of monarch remained as residue, a form without its soul. It was then that broad masses rose up in rebellion to clear away this purposeless post of 'king' and established the aesthetic edifice of Democracy. This process of conclusion of king’s dynasties is not a standalone example, whenever the spirit of the idea has been abandoned such processes have ensued to restore the essence of public service in the leaders by establishing a more efficient system. It may be argued that what happened with King’s in the past is also happening in with the contemporary democratically elected leaders i.e. democracy has lost its essence and its aim of serving the people. Democracy today has become a cliché and is taken synonymous with elections, as soon as elections are concluded the elected representative leaders are nowhere to be found betraying THEIR OWN PEOPLE. The question which then arises is why people are not rising in rebellion again to restore the balance? Why this undemocratic democracy not taken from the top and pulled into the street like monarchy was?
The answer to the above-stated question is that though their CHOSEN leaders have become estranged and can only be discovered at elections seasons, some other institutions than the deserter Parliament have taken up the cause of the people and have become champions of their rights and one among many such institutions is India’s Higher Judiciary. Our Constitutional Courts under the cloak of ‘Judicial Activism’ have taken upon themselves to listen to the grievances of the citizens of the country and provide appropriate relief to these lost souls who have been betrayed by the system altogether. This ‘Constitutional Compassion’ showed by our High Courts and Supreme Court thought it was out of their traditional role is what has kept people from rising against this ‘Pseudo-Democracy.’
What one needs to understand is that Democracy in its true spirit signifies a connection between the leader and the broad masses where people can convey their aspirations, complaints to their representatives at any time they want and not only during elections season. It can safely be said that India’s Apex Court has come up as that platform where any person can put forward his grievance and hence has become the nucleus of Indian democracy. What is also noteworthy is the trust that has been entrusted in these courts by the people is tremendous and in actual more than what is endowed in any government. It becomes evident when people approach these courts with problems like climate, corruption, human right violations, administrative inefficiency, et cetera. They have a belief that Courts will protect them when even their leaders have abandoned them and to be honest their belief is not wholly unfounded.
Presently, in Supreme Court, a hearing is underway on a PIL with regard to Delhi’s Solid Waste Management (it’s actually solid waste mismanagement). The condition is such that what was actually meant to be landfill site has turned into a mountain of garbage of 65 meters which is just 8 meters short of Qutub Minar! The mountain of garbage is a living explosive having gasses like methane within it and can actually explode! But least concerned about this fact are Delhi Government and Lieutenant Governor who are in a race among themselves to escape responsibility. The result is that 3 years and 26 meetings to solve the matter has actually lead to an increment of 3 meters in the height of this 8th Wonder of the World (I for one feel that somewhere Govt. is planning to make this Mt. Garbage Everest a monument to replace Taj Mahal and is hence protecting it with all its might). It was procrastination and inactiveness that has called Courts to compel the government to whom leaders are somehow still answerable, an authority that common people lost long ago.
Not only the Supreme Court, High Courts also have spent all they could waste to make the country work somehow. Uttarakhand High Court went to the extent of labeling Ganga and Yamuna as a living entity who can sue and have rights of their own! This clearly shows how desperate Courts are to save the neglected aspects of public lift as the government is in a state of Coma. Academicians and Politicians have described this as Judicial overreach and interference in Executive domain but they forget that Courts did not take this work willingly but were forced when the Executive refused to move and act as rivers are not cleaned by re-naming ministry as Ganga Rejuvenation Ministry (I yield on the point that the name does have a nice ring to it).
Another distinction that makes Indian Constitutional Courts a perfect democratic institution is that it never does things to take credit; as long as their idea serves its purpose Judges are content. It can be beautifully illustrated by the example when to combat worsening air quality in National Capital Region, SC suggested the idea of two roads around Delhi (later named as Eastern and Western Peripheral Expressway) to National Highway Authority of India. The limits were reached when NHAI was adamant to get the inauguration done by Prime Minister after the construction was completed and Expressway though prepared was left hanging as Hon'ble PM was busy in Election Campaigning. It was Again Supreme Court that came to the rescue and ordered NHAI to open the Expressway within one month irrespective of the fact that PM inaugurates it or someone else. It was only then that our beloved PM gifted the nation its first smart 6 lane expressway by doing a grand roadshow on it. He portrayed it as a gift by the Government to the people taking every bit of credit for it. Supreme Court, unlike other Political parties, did not claim recognition of its efforts in this masterpiece. But after such scenarios, one is only left to wonder as to who is the real caretaker of the people and democracy.
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