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Fundamentally Wrong premise.
by Harsha K on Dec 13, 2007 10:17 AM

Indira Jaising is a respected social worker, and deserves respect.

But, her views on the role of the court is out of place. She had earlier written about how Supreme court shouldn't decide what is and what is not a Fundamental right. But, then it is repeatedly shown in history that if we don't have checks and balances, then tyranny will ensue.

A minority can not command the attention of a parliament which depends on majorities votes. That is why India is a republic - where Judiciary applies the law - without fear (of voters) or favor. Parliament is not a body that can do that.

Populist measures and laws with an eye on vote, can't be good law making. And supreme court does have a role to play in making sure the parliament doesn't impinge on the right of a minority.



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Judicial accountability is at stake