Supreme Court’s mixed record in 2021 brings its counter-majoritarian role under scrutiny by INDIRA JAISING https://www.theleaflet.in/supreme-courts-mixed-record-in-2021-brings-its-counter-majoritarian-role-under-scrutiny/ DECEMBER 27, 2021
the Supreme Court appears to swing whichever way the wind blows. In other words, the Supreme Court tends to also become a majoritarian institution. Jurists tell us that the Supreme Court is meant to be a counter-majoritarian institution since the Constitution guarantees fundamental rights to minorities, and non-discrimination on the grounds of religion, race, caste, sex or place of birth. It is expected that these guarantees will be strongly defended by the Supreme Court. This is particularly so when it comes to India’s unique Constitution since it guarantees direct access to the Supreme Court under Article 32, which was described by Dr. B. R. Ambedkar as the soul of the Constitution.
CJI Ramana has warranted criticism for not listing cases of great importance, such as the petitions challenging the Constitutional validity of the Citizenship Amendment Act, electoral bonds, and the abrogation of Article 370 of the Constitution, among others.
Petitions were filed in the High Court of Bombay challenging the Bhima Koregaon prosecution on the ground that evidence was planted on the computers of Rona Willson and others by remote malware, and demanding an investigation into their framing for false prosecution. They remain pending at the time of writing.
Prosecution is in the hands of the State, and it selectively chooses to prosecute only its critics, not its supporters. .. this has happened with the express consent of those who are charged with the duty of protecting our Constitutional rights, especially the Constitutional right to life and liberty... The Constitution has been cannibalized, not necessarily through amendments to the Constitution or legislation, but simply by ignoring the Constitution through practice, thereby subverting the rule of law. The abuse of process has now been raised to the level of a policy, leaving us all vulnerable to attacks by violent mobs without any remedy, except to file individual FIRs (first information reports), which are of little use as they wind their way up through the courts.