IT IS SUPREME COURT ALL THE WAY

I  have been thinking of writing blog for some time now but today I decided to just start. Everyday the front page of any national daily starts with some verdict of the honourable supreme court, be it 2G scam ,vodafone verdict, army chief's age row, The list seems to be endless.

               So why all of a sudden judiciary has become so active and important? 

     India is a parliamentary form of democracy where the functions of 3 pillars i.e. legislature,executive&judiciary are clearly demarcated with non overlapping characteristics i.e. legislature do the policy formulation, executive the policy implementation and judiciary the review. Our constitution framers have designated judiciary as the ultimate interpretor and guardian of constitution. It only steps in to fill the vaccum created by the non performance of legislature and executive  where a situation of 'policy paralysis' emerge at the apex level of governance.

               Let us analyse some verdicts in short

1.the 2G case- SC ruled that all the 122 licenses allocated in 2G auction on the basis of first come first serve during 2008 be cancelled and fresh auction should be done.Fines have been imposed on the companies who were involved in the process. The corporate world reacted vehemently. Some companies have said that they have already invested a huge amount on the basis of license and they may loose finanacially if fresh auction being done. But the verdict reassures that there is still rule of law in this country and if u want to do business then it has to be on the lines of law. One person will definitely be happy with this verdict, Pranab Da. He is struggling to meet the target of 4.6% fiscal deficit of this year, the fresh auction will definitely bulge the govt coffer. thanx SC

2. the vodafone case- Because of the SC ruling in favour of Vodafone the Govt. will be loosing 11200 crores. So is it a thing to go ga ga for SC? The income tax department of india wanted to bring the accusation of vodafone essar in 2005 under the tax net. The finance ministy could have gone for a retrospective amendment to bring that deal under tax purview  but the minisrty tried to fight it out in the court of law. It got ruling in its favour in Bombay high court but the SC gave the verdict completely contrary to Bomaby high court. It definitely sent strong positive signals across the foreign investors that 'rule of law' rules India.Looking at the financial situation of the country, we desparately need heavy foreign investment. So Govt. of india may be loosing in short run but it will definitely pay in long run in the form of more FDIs.

kudos to SC.

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     The independence of judiciary that was envisioned by the founder fathers of constitution has definitely been maintained. Some times from the quarters of the govt, allegations of Judicial activism and judicial overreach emerge where the legislature and executive allege that judiciary crosses its limit and try to interfere in the policy making process. Leaving aside some odd issues, SC is discharging its functions well. Lets hope this institution of SC continue to do its good work and India move in faster path of growth and prosperity.