A Law Student's Contention

Photo Courtesy: The Quint There is a prevailing notion in the society that Judges are people belonging to the elite class of the society and are persons of academic significance divorced from the reality of the society as is often accused by the Executive wing too. The view is not far from reality and is based on logical and reasonable grounds. When just to lay down that ‘Right to Privacy’ is a fundamental right and is an integral part of Article 21, the learned Judges had to write 547 pages of sheer philosophy! not much is left to say against the ‘Academic Judges’ view. These people babble about the idea of justice and liberty as if they are themselves the incarnation of goddess Justitia. The problem is not with their babbling but with their conduct when their own interests are at stake. How they abandon these ideas and make them orphan. Some examples of Judges who after breaking up from reality and practicality also divorced from their ideas about which they bragged about

A judiciary independent of a king or executive alone is a good thing; but independence from the will of the nation is a solecism, at least in a republican government. -Thomas Jefferson (Declaration of Independence) ‘Independence of Judiciary’, a phrase for which people around the world have sacrificed their lives since time immemorial. It was emphasized by the founding father of our constitution and was made a part of basic structure of the Constitution of India in Keshwananda Bharti v. Union of India (1973) so that it could never be compromised. Supreme Court has been proactive and has been sitting like a watchdog to wreck any attempt made on its independence, NJAC was struck down on the pretext of independence of the judiciary as it was allegedly seen as an attack from the Executive on Judicial Independence. Never to mention, Supreme Court has unpreceded success in recent times also in this mission of theirs. But the question still stands tall, ‘is our judiciary