The pressing need to adjudicate, not mediate (GS-2 Judiciary)

19 Feb The pressing need to adjudicate, not mediate (GS-2 Judiciary)

Posted at 19 Feb 2021 in Current Affairs by Swarn Singh 0 Comments

0 Likes

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.

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
  [download id=”38617″]