Ragavacahary: Apropos MHC ambitious overreach to replace Niti Ayog, and its bewildering approach to judicial review in questioning GOI’s perceived inadequate allocation of funds to TN
[4/10, 09:17] Ragavacahary: Apropos MHC ambitious overreach to replace Niti Ayog, and its bewildering approach to judicial review in questioning GOI’s perceived inadequate allocation of funds to TN. If one Bench is sufficient to manage Financial implications of the unexpected lockdown, then where is the need for Govts and the central bank and experts? Credibility of judiciary is proportional to its restrain. All the judicial activism which Krishna Iyer has fashioned and left it for the country is on procedural due process and liberating fundamental rights from the restraints of procedure. Neither he nor Justice Bhagwati crossed the line to threaten the domain of the Parliament or of the Executives. While a small section of judiciary believes only in and is conscious of their powers under Article 142 of the Constitution, another section of the judiciary seems to draw powers only from their belief as to how an ideal society of their conceptualisation should be. The Constitution and the three institutional model with clear division of authority which it has provided is in danger in the hands of those who believe in overreaching their limited powers of judicial review.
They need to be reminded that the principle that men are created equal has no application anywhere. America did have slavery, women had no votes and Aliens were segregated. The list goes on. In India we never had inequality till the advent of Brits. They created the wedge to administer the vast country. 150 years of distortion has become the history.. a balance is required and the constitution has taken care to bring in necessary discipline in bringing about it.
Our job in judiciary is not to analyse the allocation of funds by union to State. When has judiciary became economic and financial advisers to Govt? It’s Federal structure and the one at the helm of affairs is presumed to in our Constitutional scheme of things as to how to balance the finances. It amazes how judiciary entertained an idea as whimsical as this and began regulate finances. Who knows tomorrow it may wear a cap of an Air Traffic Controller and start regulating landing of flights of its choice. Ridiculous to state the least and it is a mild statement to express the anguish of the serious students of Constitution and believe in Constitutional way of governance. In moments of pandemic crisis judicial responsibility and its need to leave the Executive to do its job without interference must rule its conscience. Not one in the judiciary is an expert in handling the situation and not one has the knowledge on the availability of all the resources and how it requires to be allocated.
The Bench should be told that fiNancial soundness of Tamil Nadu is far superior compared to NE, Orissa, telengana, or even Kerala. The need to pump more in underdeveloped areas is the duty of federal government.
Let the judiciary stay within the bounds of the confines of its Constitutional powers. Constitution and the Constitutional form of governance will be in real threat not from the Executive or the Parliament but, and sadly from the Judiciary, if judiciary runs amuck with its powers.
[4/10, 11:38] Sekarreporter 1: ..