19 Feb The pressing need to adjudicate, not mediate (GS-2 Judiciary)
Issue:- Right to dissent Vs Right to move
Supreme court verdict on the Shaheen Bagh protest: Where S.C. said that there is no absolute right to protest, and it could be subjected to the orders of the authority regarding the place and time.
- Why sheen Bag protest went long
- Because the issues were not adjudicated in timely manner.
- Court attempted to “mediate” the issue, during the testing times court work is to adjudicate but not to mediate.
- A reconciliatory approach can not be a substitute for juridical assertion. Judicial assertion is needed to tie to wings of government.
- Constitutional morality
- It is a philosophy that should primarily apply to the constitutional courts. In his speech and work Dr. B.R. Ambedkar used this idea in terms of institutions.
International Perspective:
- radical green movement in Britain
- It has been at a slower pace when compared with other parts of western Europe why?
- It is because of the “public enquiry system” in the U.K which provided the way of dissent.
- This system can process ecological demands, integrate them into the political system and minimize radicalization of the movement arising out of exclusion and marginalization which further forms inclusive society.
- It has been at a slower pace when compared with other parts of western Europe why?
Court Judgement in India
- In HimatLal K. Shah case (1972) “freedom of assembly is an essential element of a democratic system”
- Court’s role: It’s act is to be the guardian of the right to dissent.
- Court must Act as the umpire of democracy but what is happening in india:- umpire is fueling the aid
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- Court must Act as the umpire of democracy but what is happening in india:- umpire is fueling the aid
- radical green movement in Britain
- It is a philosophy that should primarily apply to the constitutional courts. In his speech and work Dr. B.R. Ambedkar used this idea in terms of institutions.
Plutus IAS Current Affair Team Member
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