Judging Wisely in Tough Times

Context: Judiciary being the trustee of democracy and fundamental rights of the people must utilise its writs and judicial review power for enforcing the performance of public functions and mandatory duties by the legislatures and executives.

Inherent Limitations of Judiciary 

• Not reflective of the public opinion: As judges are appointed and not elected representatives of people.
• Lack of judicial investigation agency: to verify the truth made before it and assess the impact of judicial commands on people, legislature, and executives.
• Delay in correcting Judicial errors: creates misunderstanding and slows down the normal governance process.
• Fear of explaining action or inaction before the judiciary: restricts innovative ideas from competent, knowledgeable, and bold officials.

Way Forward

• Oath taking: should be bold, independent, and free from any political pressure.

• Independence: Public opinion or the utterances of influential people should not restrict judicial action and conscience. 
• Judicial activism: too much of it may turn out to be counter-productive and obstruct the normal functioning of the executive and divert the attention of public officials from their core function.
• Rational allocation of means and resources of the executive 
• Trust: The three wings of governance (executive, judiciary, legislature) ought to trust each other.