You are ahead of your time
by Sudhanshu Mittal on Jan 12, 2007 08:53 AM
I think the article raises very important point that needs to be debated. Fact remains that courts have been forced to become "activist" due to lack of leadership or biased approach of politicians. In the short term, we don't see alternative as our democracy is fast turning into mobocracy. We need courts to provide the required balance and from that perspective, this judgement seems correct.
But looking at the fundamenta facts, it is also clear that courts are stepping out of their domain. Perhaps with maturing of democracy we will be able to reach a situation where politicians will show the needed leadership and then courts will revert back to their constitutional duty of interpreting the law as it is written and parliament will ensure that laws are modified keeping in mind the demands of changing time.
