Congress party keeps accusing Narendra Modi of crony capitalism and corruption in the Rafale story. BJP wonders why the Congress is not approaching the courts. Congress may similarly wonder why the BJP is not seeking judicial remedy in case Modi is honest and he is defamed by the Congress.
The answer is simple. People want to avoid approaching police and judiciary as much as possible. Police would harass the complainant. Courts would test the patience of petitioners. Filing cases in our courts would result in loss of money, waste of time and all these without a guarantee that justice would be delivered.
In this milieu, it is distressing to note that the Supreme Court is widening its powers by invoking concepts like constitutional morality and constitutional silence.
What is constitutional morality? We understand constitutional principles. Who knows what is constitutional morality? It is what the judge says it is ! Is morality not indivisible? Do we have political morality, administrative morality, medical morality and so on? We have overarching principles like primacy of truth and merits of honesty which are applicable across the board. Inventing a new kind of morality like constitutional morality will only make the legal conclusions unpredictable and more at the mercy of subjective views of judges.
Under the concept of constitutional silence, courts will go beyond interpreting the constitution's various articles and start guessing what the constitution-framers intended but failed to provide for. Are judges so exclusively empathetic of the constitution-makers?
The answer is simple. People want to avoid approaching police and judiciary as much as possible. Police would harass the complainant. Courts would test the patience of petitioners. Filing cases in our courts would result in loss of money, waste of time and all these without a guarantee that justice would be delivered.
In this milieu, it is distressing to note that the Supreme Court is widening its powers by invoking concepts like constitutional morality and constitutional silence.
What is constitutional morality? We understand constitutional principles. Who knows what is constitutional morality? It is what the judge says it is ! Is morality not indivisible? Do we have political morality, administrative morality, medical morality and so on? We have overarching principles like primacy of truth and merits of honesty which are applicable across the board. Inventing a new kind of morality like constitutional morality will only make the legal conclusions unpredictable and more at the mercy of subjective views of judges.
Under the concept of constitutional silence, courts will go beyond interpreting the constitution's various articles and start guessing what the constitution-framers intended but failed to provide for. Are judges so exclusively empathetic of the constitution-makers?
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