The Only Institution Capable of Stopping the Death of Democracy Is Aiding it

The Supreme Court seems to have lost its way. I speak here today of what I believe is one of the most troubling developments of our time: the decline of the Indian Supreme Court. As a former judge, at the very least I believe it is my duty to ring some warning bells. The political thinker, Edmund Burke, said that judges are trained so that they can detect misgovernment, and especially, “sniff the approach of tyranny in every political breeze”. This is the kind of court we need, but unfortunately this is not the court we have right now. The Supreme Court has had a glorious past that it should be proud of. The statesmanship that the 13-judge constitutional bench exhibited in the decision in Kesavananda Bharati, where the basic structure doctrine was laid down, and judicial custody of the constitution reclaimed, is but one shining example of what the court is capable of. Indeed, Granville Austin said that the court had established itself as “the logical, primary custodian” of the Constitution, and “its interpreter and guardian.” The Supreme Court started out as a passive court. Slowly but surely, as the institution understood its role in the governance of the nation, it expanded its authority, thus laying the foundation for an activist role in future.

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