Don’t court trouble

The Supreme Court’s function is to interpret the Constitution as it deems appropriate. Its function is not to cater to every passing ideological fantasy or practical scheme that politicians might favour. It is time our politicians understood this distinction. The law loses its authority if that authority is construed purely in instrumental terms. If we applaud the Supreme Court when it suits us and rush to judgment when it doesn’t, we undermine both the majesty of the law and the authority of the courts. The reaction of politicians to the Court’s judgment on regulation of non-aided institutions is an instance of trashing the judiciary without understanding its arguments. There is a disturbing tendency to take on the judiciary as the response to the Jharkhand ruling indicated, with the Speaker himself taking a personal interest in the issue.

A partisan judiciary that puts ideology above constitutional principle would be dangerous for India. It was the clamour for a committed judiciary that had led the executive to interfere with judicial autonomy during the infamous period of the ’70s. But politicians should recognise that two things have changed fundamentally. First, while our judiciary remains active in protecting rights, it has given up the illusion that merely because a policy is stated to be in the interests of the marginalised communities does not mean it will be effective, or pass constitutional muster. Second, in this particular instance, the irony is that the Court itself is calling for some sensible legislation consistent with broad constitutional parameters. The political class, in contrast, has abdicated its responsibilities by foisting them on to the judiciary. The executive and legislature have done little to promote investment, and access in education. They then turn around and criticise the judiciary for its decisions.

Politicians across the boards should take the recent judgment in the spirit in which it was intended. Let the judiciary interpret the Constitution. Let the legislature come up with legislation consistent with constitutional principles. There are tests in the days ahead as verdicts on the Bihar assembly dissolution and Ayodhya cases emerge.