In light of recent landmark judgments by Supreme court (Salwa Judum, Special Investigation Team - black money, etc) it can be inferred that Judicial activism has in effect made Directive Principles of state policy justiciable. Discuss/Debate.
We all know that Indian democracy intends to move, and preferably with great speed, towards the following:
1. Transparency
2. Good Governance
3. People Participation at all levels
4. Accountability
As an ordinary citizen we have two immediate choices to act against the excesses of govt:
1. Mass Mobilisation to create awareness and question the govt on its policies and acts of ommision and commision - this is being actively pursued by Civil society (eg. sections led by Anna Hazare, Medha patkar etc )
2. Legallly battle the govt in courts - through PIL, Suits etc
These instruments are the gift of democracy to the people, which the constitution and the ruling govt has itself given to them.
Recent verdicts of the Supreme court have aptly utilised both these options ie. Civil Societies have come together and are filing suits aginst the govt inaction. Based on the public hearings, courts have, in a very transparent manner carried out its judgement.
Matters of immediate societal concerns eg. Food, Shelter, equality have to take precedence over any court cases pending before the courts. Hence we see courts directing govts to be more transparent in matters of Land aquisition and displacement, Foodgrain Policy, Black Money. There issues 'should' assume precedence over 3 cr pending cases - primarily because they impact Public at large and not few conflicting pvt individuals.
Constitutionally speaking, powers to Direct the govt to do its job has been awarded to the Supreme court by the Constitution itself (ie Art 32 - Mandamus, Injunctions etc).
India is witnessing a situtation where its citizens, armed with RTI, Media Reports etc, are demanding more Transparency and accountability from the govt, asserting its right of participation and inducing the govt to live up to its promise of improving governance. They are seeming to have run out of patience.
Unfortunately, and wrongly so, both these instruments, which are the ONLY effective tools in hands of the citizen, are being called in question for exceeding their legitimacy and boundaries of operation. People through courts are only exercising their legitimate right to question the govt which they have popularly elected.. and courts are merely enabling them to do so. Had courts not ruled in favour of interest of society, its credibility also would have been certainly questioned.
1. Transparency
2. Good Governance
3. People Participation at all levels
4. Accountability
As an ordinary citizen we have two immediate choices to act against the excesses of govt:
1. Mass Mobilisation to create awareness and question the govt on its policies and acts of ommision and commision - this is being actively pursued by Civil society (eg. sections led by Anna Hazare, Medha patkar etc )
2. Legallly battle the govt in courts - through PIL, Suits etc
These instruments are the gift of democracy to the people, which the constitution and the ruling govt has itself given to them.
Recent verdicts of the Supreme court have aptly utilised both these options ie. Civil Societies have come together and are filing suits aginst the govt inaction. Based on the public hearings, courts have, in a very transparent manner carried out its judgement.
Matters of immediate societal concerns eg. Food, Shelter, equality have to take precedence over any court cases pending before the courts. Hence we see courts directing govts to be more transparent in matters of Land aquisition and displacement, Foodgrain Policy, Black Money. There issues 'should' assume precedence over 3 cr pending cases - primarily because they impact Public at large and not few conflicting pvt individuals.
Constitutionally speaking, powers to Direct the govt to do its job has been awarded to the Supreme court by the Constitution itself (ie Art 32 - Mandamus, Injunctions etc).
India is witnessing a situtation where its citizens, armed with RTI, Media Reports etc, are demanding more Transparency and accountability from the govt, asserting its right of participation and inducing the govt to live up to its promise of improving governance. They are seeming to have run out of patience.
Unfortunately, and wrongly so, both these instruments, which are the ONLY effective tools in hands of the citizen, are being called in question for exceeding their legitimacy and boundaries of operation. People through courts are only exercising their legitimate right to question the govt which they have popularly elected.. and courts are merely enabling them to do so. Had courts not ruled in favour of interest of society, its credibility also would have been certainly questioned.
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