Justice As A Fine Balance

Context: Supreme Court's (SC's) judgment in Election Commission's (EC's) case strikes the right note. Judiciary must hold the executive to account, not try to replace it.

Observations of the SC in the case: The recent judgment of the Supreme Court in the Election Commission of India case is an example of judicial statesmanship, where it has acknowledged the view of both sides.

• Protected the media's right: The judgment protects the media's right to report the court's proceedings accurately, even if not made a part of the record, as against the EC's calling.
• Acknowledged the role of judicial restraint: The SC has also recorded an appreciation of the performance of the EC and nullified the effect of oral observations.
  • The court stated that "observations during the course of hearing do not constitute a judgment or binding decision". Language must confirm with 'Judicial Propriety'.
  • Judicial Restraint and Discipline are as necessary to the ordinary administration of justice; Restraint and humility are necessary for commanding respect and protect Independence of Judiciary."
• Recognised the fundamental power of judicial review: The courts review the decision-making process and not the decision itself unless the decision is unconstitutional, illegal or perverse.
  • Thus, the court cannot impose a decision on the executive, and they can only ask themselves if they informed of the situation better than the government?

Negative implication of Judicial activism:

• Judicial activism would be counter-productive and would fail in achieving its laudable purpose if it assumes the role of judicial governance.
• Scathing observations act as disincentives to honest and dutiful officials who too have been working day and night fighting the pandemic whose characteristics are not yet fully known to science.
• In the words of Patrick Devlin, misdirected enthusiasm is rarely consistent with impartiality and never with the appearance of it.

Way Forward:

• The three wings of governance, the legislature, executive and judiciary, must have faith in each other.
  • The judiciary has the power to correct the erring executive and direct it to act if it is failing to act.
• Firmly upholding the constitutional rights of the people without sacrificing sobriety would sustain public confidence in the impartial administration of justice.
• Judges should display the qualities of social leadership, for they are the keepers of the rule of law.
• Aharon Barak writes in ‘The Judge in a Democracy’ that judicial policy and judicial philosophy are fundamental to the judiciary since they guide it in the most difficult hours.
  • The strength of the judges is in understanding their limitations. All human beings err; for the judges, there is nothing more proper and practical than good judicial philosophy.