Supreme Court's Direction
Parthasarathi Loganathan
(Querist) 01 September 2010
This query is : Resolved
Supreme Court instructed a prominent union minister regarding distribution of food grains to poor. Does wrongful misinterpretation of simple directions by the apex court by the Minister amount to contempt of court. Instead of initiating action against the minister can our experts explain as to why SC preferred to clarify its earlire directions? Will the same yardstick apply to any other common citizens of this country.
s.subramanian
(Expert) 01 September 2010
You are right Mr.Loganathan. It is merely an order in gratis the misunderstanding of which can never be contempt of court by any strech of imagination. Moreover it is a major policy decision involving financial implications for which the cabinet is reaponsible and answearble to the parliament. The supreme court has acted in its advisory jurisdiction in the matter and now the same is sought to be projected otherwise. It is unfortunate that in a democracy like ours, the decisions that should be taken in the interest of the people of india by the parliament and the executive are left to the decisions of the judiciary. It is neither good nor safe since the same may result in judicial tyranny if things go unchecked/.
Parthasarathi Loganathan
(Querist) 01 September 2010
Can we dream of a future where Court is vested with the supreme powers to intervene and correct the deficiencies and inefficiencies and gross violation of law and order situations orchestrated by people in power? Are there any provisions in our Indian Constitution where Courts can take suo moto action against the Executive if the latter acts detrimental to the interests of society at large without acting upon any PILs filed by common citizen of this country?
Uma parameswaran
(Expert) 01 September 2010
If independencey of the judiciary is protected by itself and If the persons in the judiciary have in mind that they are the protectors of justice ,then we can dream as you told.
Parthasarathi Loganathan
(Querist) 01 September 2010
Well said Umaji. We need to have strong faith in the integrity of our Judiciary. Let us join hands to make our dreams come to reality.
Surrender K Singal
(Expert) 02 September 2010
Every Indian knows the state of Executive and the Politicians with vested interest; who is bothered about the hapless citizens
