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Court is not a remedy for all evils

New Delhi, Wed, 02 Apr 2008 Deepak Kumar Mohanty

In a democracy, Judiciary is regarded as the last hope of common man to meet justice but it too, on its part has some limitations on the lines of delivering justice, where decisions are taken with conscience. No doubt the Supreme Court of India serving as guardian of the constitution holds much responsibility in delivering justice without any fear and pressure from legislative. However, as citizen of the nation people too have duty to take responsibility of the inability of any government they are electing.

A Supreme Court bench in its latest observation cited that the court is not a remedy for all evils and people should take responsibility of government’s inability as court can not legislate and take over the function of legislative.

On Tuesday while hearing a PIL seeking adequate road safety measures in the country, the apex court rejected the plea saying that in a democracy where elections are held and people are free to elect better government, it is up to the people to vote out if they are not satisfied with the governance rather than knocking court’s door for overcoming all evils plaguing the nation.

The court has rejected an NGO’s application seeking direction to State/UT for putting a full proof traffic safety measure to prevent the increasing number of road accidents. Justice Markande Katju, member of the bench maintained that a “court can only make recommendation and no binding law” as it is up to the legislative.

Moreover, the bench rejected the notion that if the state is unable to deliver the basic role to ensure safety and wellbeing of people, it is the judiciary to direct the executive. The court made it clear that people should not come to the court for everything; instead they too try to remove the ailments through their voting rights.

Considering the wholesome criminalisation of politics as pushing facts of State inability, questioning the accountability and making the executive into action is not an easy task for judiciary when legislative constantly asserting its supremacy. It is viewed from one of earlier statement of Lok Sabha Speaker Somnath Chatterjee where he said: `Judiciary should not lay down policies or assume executive authority'.

As we all know Legislature has a pre-eminent position in the democratic set up but when criminalization and corruption go beyond individual to party level and when political parties allows criminals to come to power it is now certainly up to the people to choose the right candidate to power who can be able to govern effectively and honestly. Though it sounds idealistic but can only be possible when individual understands and come out in active participation and execute their duty over caste and religion before casting vote.

In fact authority can’t do much if people themselves are not governed by the ‘rule of conscience.’ What have been more bothersome today that people unaware of their duty are always in seek of their right. All these problems of complaining to legislative or judiciary repeatedly on trivial issues can be meted out once if we understand and implement the complementary relation between our duty and right.


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