Courageous & Independent Judges Keep Constitution Alive
Thanks for studying this submit, remember to subscribe!
Supreme Courtroom Choose Justice Ujjal Bhuyan mentioned brave and impartial judges have at all times existed and can proceed to uphold justice. He added that is what retains the Structure, jurisprudence, and democracy alive all through India’s historical past.
Supreme Courtroom Justice Ujjal Bhuyan addressed criticisms on Sunday relating to the function of unelected judges in law-making.
He emphasised that such criticisms lack authorized or constitutional grounding, because the Structure empowers the Supreme Courtroom to evaluation and doubtlessly invalidate legal guidelines handed by Parliament if they don’t meet constitutional requirements.
He acknowledged,
“In response to me, the criticism that unelected judges of constitutional courts shouldn’t intrude within the legislation making by the elected representatives of the folks has no authorized or constitutional foundation. It is because the Structure has mandated the Supreme Courtroom the facility to look at whether or not legislation made by the parliament conforms to the constitutional requirement and if not, to strike down such legislation by exercising the facility of judicial evaluation,”
Justice Bhuyan made these remarks throughout a farewell occasion organized by the Bar Council of Maharashtra and Goa for former Supreme Courtroom Justice Abhay S Oka.
He referenced former Union Legislation Minister Arun Jaitley’s objections to the Supreme Courtroom’s choice to annul the Nationwide Judicial Appointments Fee (NJAC) Act, which aimed to exchange the Collegium system for appointing judges.
Jaitley argued that, in contrast to judges, Members of Parliament are elected and accountable to the general public, suggesting the Supreme Courtroom shouldn’t have overturned the folks’s will.
In response, Justice Bhuyan reiterated that the Supreme Courtroom acted inside its constitutional authority within the NJAC case.
He additionally highlighted the significance of getting daring and brave judges to keep up judicial independence.
He remarked,
“All through historical past, now we have had brave and impartial judges, and we’ll proceed to have them. That’s how our Structure survives, that’s how our jurisprudence survives, and that’s how democracy survives,”
