8 months ago
Ex-Judge Urges Judiciary to Resist Executive Overreach
A former judge, Justice Muralidhar, gave a speech about how the Indian judiciary has been strong in the past against the legislature but has not been as confident in standing up to the executive branch.
He talked about how the judiciary has sometimes helped in changing governments in states like Karnataka, Madhya Pradesh, and Maharashtra.
He also mentioned that governors in some states are not giving their approval to bills passed by the state legislatures, which he thinks is a problem.
He believes the judiciary should be strong and independent to protect the Constitution's principles of diversity and inclusion.
The speech was part of the annual Sarat Bose Lecture, hosted by the grandsons of Sarat Bose, a freedom fighter.
Justice Muralidhar criticized the judiciary for not standing up to the executive as strongly as it has to the legislature.
He mentioned the judiciary's role in regime changes in Karnataka, Madhya Pradesh, and Maharashtra.
Muralidhar highlighted the governors' reluctance to assent to bills in Opposition-ruled states as a threat to federalism.
He argued that the judiciary's role in overturning laws passed by the legislature is a crucial part of the Constitution.
The lecture was hosted by historian Sugata Bose and political scientist Sumantra Bose, grandsons of Sarat Bose.
- Who
- Justice (Dr) S. Muralidhar (retired), former judge of Delhi and Orissa High Courts
- What
- Criticism of the judiciary's role in resisting executive overreach and its involvement in political regime changes
- Where
- Netaji Bhawan
- When
- Delivered on Saturday at the annual Sarat Bose Lecture
- Why
- To discuss the judiciary's role in maintaining independence and federalism
Key facts
- Speaker
- Justice (Dr) S. Muralidhar (retired)
- Event
- Sarat Bose Lecture at Netaji Bhawan
- Key Cases Mentioned
- Kesavananda Bharati v. State of Kerala (1973)
- States Discussed
- Karnataka (2019), Madhya Pradesh (2020), Maharashtra (2022)
- Judicial Concerns
- Reluctance of governors to assent to bills, judicial role in regime changes
- Constitutional Principle
- Judiciary's role in protecting diversity and plurality
Quotes
Justice (Dr) S. Muralidhar (retired)
Former chief justice of Orissa High Court and former judge of Delhi High Court
“The judiciary has, until now, rebuffed attempts by the legislature to whittle down its powers or its independence. One cannot say that the judiciary has shown the same degree of confidence in standing up to a powerful executive. It appears that the last time it happened was more than five decades ago in 1973 (the landmark Kesavananda Bharati v. State of Kerala case, where the Supreme Court ruled that Parliament could not alter the Constitution’s basic structure)”
telegraphindia.com
“Every now and then, we hear politicians being vocal about an unelected judiciary being able to overturn laws passed by a sizeable majority in the legislature. This happens at the instance of an individual or a group. But that is the beauty of our Constitution. It does not envisage a democracy that is merely majoritarian but one which accommodates differences, diversity, plurality and is inclusive”
telegraphindia.com
Sugata Bose
Historian and grandson of Sarat Bose
“Befitting”
telegraphindia.com
Sources
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