Tuesday, November 14, 2006

Indian Supreme court can be wrong but is final

In an interesting discussion, the Indian Supreme Court Chief Justice made a rare comment acknowledging that the courts are not always right. But it was the next comment that was even more interesting, that the Supreme Court is the final word on any matter.
There was a session organized for children in the Supreme Court on Children's day, and in response to a question, he made the above statement. The statement, if analysed contains a clear message to the Government. There may be cases when the courts make a wrong decision, or the decision is made that appears wrong to the public at large, but it is not for the Government or any other body to intervene. The courts are very conscious of their independence under the constitution and will resist strongly any efforts by the Government to put any sort of control on them.
I would think that this is a right statement to make, especially when there is so much discussion nowadays over the powers of the various constitutional structures in India - the courts, the executive and parliament. Numerous times, parliament and the executive (Government) have complained that the courts are interfering in their domain. But, in the case of any kind of dispute on any policy, somebody has to make a final decision, and in India, that is the Supreme Court.

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posted by Ashish Agarwal @ 3:04 AM