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The Judiciary and Governance in India
A lot has been written about the conflict between Judiciary, Legislature and Administration. Many critics question
the Judiciary’s interpretation of the Constitution. However it is accepted that judicial reviews keep Governments under check. In India Judiciary is the most powerful and feared organ of the State. The book by Madhav Godbole, written on these premises, tries to explain how this takes place. It also advocates a balance between the three wings of a democracy. The author analyses the growth of Supreme Court’s jurisdiction and tackles such aspects as imposition of President’s Rule in States, the judicial review of legislation, state and centre disputes, environmental protection and fundamental right to life and liberty. Indian courts are ready to entertain petitions on socially and politically sensitive issues which the elected governments are reluctant to deal with. While doing this they have inadvertently taken up policy-making functions on a number of issues such as interlinking of rivers, control of noise pollution, compulsory registration of marriages and checking sexual harassment at work places. Intervention of courts in matters like Gujarat Communal riots has made it into a much feared powerful institution. Madhav Godbole thinks that though judicial activism could be welcome it application to Public Interest Litigation (PIL) can be questionable. The author discusses the origin and evolution of PIL making use of case studies. He also notes that until 1990 the PIL was for the poor and the deprived sections of the society. Later, environment, good governance and quality of life also began to be tackled. He feels that there no firm lines laid for acceptance or rejection of PIL and the impact of taking government assignment after retirement is not sufficiently studied. Being a former Union Home Secretary the author has a wealth of knowledge and experience that shows throughout the book.
Published: August 08, 2009
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