"Every Indian Has To Use His Liberties To Constantly Question The Actions Of Those In Power": Justice Ravindra Bhat

"We gained our freedom at a great cost. Every Indian, therefore, has to use his liberties to constantly question the actions of those in power because democracy gives no tickets to free meals! It is for us to assert and guard liberty and not be complacent about any encroachment", urged Justice Ravindra Bhat.He was speaking on the 'Role of Judiciary in Governance' during the first anniversary celebrations of the forum, 'Connecting Governed, Governing and Governance' (CG3)."Today, when the world is reeling under the impact of the Covid pandemic, with painful and traumatic consequences disrupting lives and livelihoods, leaving behind destruction, despair and impoverishment, it is more important for people to cherish liberties and constantly question, through every legitimate channel, the moves and policies which undermine democratic government and displace creepingly the liberties that the Constitution guarantees", stressed Justice Bhat. "Those nations who reposed their trust in a democratic way of governance must be prepared for imperfections. But its people have to exercise their freedom to question those governing them unremittingly and unfailingly, and through this dialogue, realise their aspirations. It may be a fundamental right, right to get your ration card or to change your date of birth, if you don't get justice internally you have to go to the court- there is no other way. The rule of law through democracy is a continuing work-in-progress where people's scrutiny is paramount and courts are part of the dialogue. There is a thin line that divides the rule of law from the rule by law – one is democracy and the rulers are the people, and the second one is the rule by a monarch, a dictator or tyrant. The courts are the last stop to ensure continuity of the rule of law when all else fails!", articulated Justice Bhat.He expressed the view that it is now more than ever that the "unseen, unheard and seldom-remembered people" are protected by those who have the voice and who can go and fight for them. "Because if you fight for others, you fight for yourself...when your turn comes, there will not be anyone", he said.'Courts face the charge of activism when they deal with controversial issues'- Justice Bhat Justice Bhat addressed the questions of how courts engage with policy, they disrupt the exercise of legitimate power wantonly, and how accountable they are.Justice Bhat stated that courts face the charge of activism when they deal with controversial issues, and he opined that in this context, one must remember that courts are placed in a system of checks-and-balances and that characterising courts or judges as "activist" or "strict constructionist" or "conservationist" is limiting."The Supreme Court of India, unlike other democracies, has been conferred the advisory role. What is it for? Our Constitution framers recognised that it is uniquely positioned to pronounce, if consulted, on the validity of the laws and policies which the Parliament or the Executive wish to bring forward. This is a reinforcement of the fact that courts are expected to play a role, I would not say an active role, but a significant role in governance", he emphasised. 'Unless You Know What You Can Or Cannot Speak, It Is Very Easy For State To Criminalise'Justice Bhat commended how, in the realm of free speech and other liberties, the Supreme Court has spoken on several issues several times- is a publication obscene, what constitutes an incitement that is likely to affect communal harmony, the extent of regulation permissible at any given point of time. "These are very important in governance because unless you know what you can speak and what you cannot speak, it is very easy for the State to criminalise any content! ", he said.'Reservation Cannot Be Done Away With So Long As Society Is Unequal'Justice Bhat canvassed the 1992 judgment by nine judges of the Supreme Court in Indira Sawhney "as an elaborate discourse on the need to balance the right to equality with the aspirations of those who are in the most marginalised sections of the society and for whom the rule is the rule of reservation was brought in"."Reservation, atleast in regard to scheduled castes and scheduled tribes and most backward classes, is essential and we cannot put a time-limit on it. Speaking personally, I would say it is not possible that we should do away with it as long as society is unequal and people are socially and educationally backward! So long as the society is unwilling to cast-off the shackles of caste, these quotas are needed because they underline empowerment!", he asserted.'Role of Election Commission Has Been Spectacular And Court Played A Supportive, Collaborative Role in Strengthening It'Justice Bhat spoke of the role of the Court as a "supportive and collaborative institution" to strengthen the Election Commission as an arbiter of free and fair elections- "Election Commission has played a pivotal role in ensuring smooth, free and fair...

"Every Indian Has To Use His Liberties To Constantly Question The Actions Of Those In Power": Justice Ravindra Bhat

Mehal Jain

Tags