Skip to main content

Sabarimala, Ayodhya: Undermining rule of law principle, apex court 'favoured' executive

By A Representative
Justice AP Shah, former chief justice of the Delhi and Madras High Courts, has regretted that the start of the Supreme Court’s decline “coincided with the coming to power of the BJP-led NDA government in 2014”, adding, “Every institution, mechanism or tool that is designed to hold the executive accountable is being systematically destroyed.”
Also ex-chairperson of the Law Commission of India, Justice Shah, while delivering Justice Hosbet Suresh memorial lecture on “The Supreme Court in Decline: Forgotten Freedoms and Eroded Rights”, said that the Supreme Court is increasingly becoming partisan, “tilting more towards the executive rather than justice and making the executive accountable through constitutional mechanisms and institutions.”
Justice Shah’s virtual lecture on Zoom was collectively organized by the Centre for Study of Society and Secularism, Bohra Youth Sansthan, Central Board of Dawoodi Bohra Community, Citizens for Justice and Peace, Institute for Islamic Studies, Peoples’ Watch and the Majlis Law Centre.
According to Justice Shah, the apex court “has failed to protect rights and counter majoritarianism”, citing cases of Sabarimala and Ayodhya judgments where, he said, these gave “impunity and compromised the principle of rule of law to rule in favour of the government.”
In the Ayodhya judgment, the court, despite acknowledging the illegalities committed by the Hindus in 1949 and 1992, “effectively rewarded the wrongdoer”, he added.
Justice Shah further said that the Supreme Court, instead of dealing with constitutional issues on Kashmir related to Articles 14, 19 and 21 emerging from the internet and communication shutdown, handed these over to the “executive-led Special Review Committee.”
“This has added to the sufferings of the entire population of Jammu & Kashmir (J&K) in health, education, business and economy”, he added.
Further pointing out that the apex court’s decline also manifested “in its collusion or silence on the issues of freedom of speech and right to protest which is a democratic right”, Justice Shah gave the example of Citizenship Amendment Act (CAA) to point out how the “protestors -- students, academics and poets -- were targeted by the state and charged them with criminal offences of rioting, unlawful assembly, criminal conspiracy, sedition and invoked provisions of Unlawful Activities Prevention Act (UAPA) in the Delhi riots case.”
Supreme Court, instead of dealing with constitutional issues on Kashmir related to Articles 14, 19 and 21, handed these over to the executive-led Special Review Committee
“They were labeled as anti-national and accused of destabilizing the government, while the apex court was a mute spectator and found reasons to not address the case”, he added.
Senior advocate Dushyant Dave, who chaired the session, expressed concern over the silence of common citizens when the vulnerable sections like Muslims and Dalits are killed in India, regretting, movements like the Black Lives Matter campaign triggered by the killing of George Floyd in the US have been missing in India for issues of justice and dignity of common citizens, he pointed out. Judiciary in such scenario has a crucial role but the courageous voices of citizens are vital he urged.
Those who spoke on the occasion included Teesta Setalvad, noted social activist, senior advocate Mihir Desai, and Dalit rights leader Henry Tiphagne. Participants included scholars including Uma Chakravarti, Steven Wilkinson and Harbans Mukhia, former vice president Hamid Ansari, top Supreme Court advocate Prashant Bhushan, and others.
The Dr Asghar Ali Memorial Achievement Award, 2020 was handed over by Adv Irfan Engineer, director of Centre for Study of Society and Secularism, to Rajini Sondur, Shalini Prasad and Malini Kanal, daughters of Justice Suresh. The Award carried cash of INR 25,000 and a citation.
Post retirement, Justice Suresh, along with former Supreme Court justice PB Sawant, was part of the independent fact-finding team on Gujarat riots of 2002, which came up with the well-know report "Crime Against Humanity".

Comments

TRENDING

When democracy becomes a performance: The Tibetan exile experience

By Tseten Lhundup*  I was born in Bylakuppe, one of the largest Tibetan settlements in southern India. From childhood, I grew up in simple barracks, along muddy roads, and in fields with limited resources. Over the years, I have watched our democratic system slowly erode. Observing the recent budget session of the 17th Tibetan Parliament-in-Exile, these “democratic procedures” appear grand and orderly on the surface, yet in reality they amount to little more than empty formalities. The parliamentarians seem largely disconnected from the everyday struggles faced by ordinary exiled Tibetans like us.

Study links sanctions to 500,000 deaths annually leading to rise in global backlash

By Bharat Dogra  International opinion is increasingly turning against the expanding burden of sanctions imposed on a growing number of countries. These measures are contributing to humanitarian crises, intensifying domestic discord, and heightening international tensions, thereby increasing the risks of conflicts and wars. 

​Best left-handed cricket XI of all-time: Could it beat an all-time right-hander XI?

By Harsh Thakor*  ​This is my all-time left-handers Test XI. It could arguably give an all-time right-handers XI a strong run for its money, boasting the likes of Garry Sobers, Brian Lara, Wasim Akram, and Adam Gilchrist.

Dhurandhar: The Revenge — Blurring the line between fiction and political narrative

By Mohd. Ziyaullah Khan*  "Dhurandhar: The Revenge" does not wait to be remembered; it arrives almost on the heels of its predecessor, released on March 19, 2026, just months after the first film’s December 2025 debut. The speed of its arrival feels less like creative urgency and more like calculated timing—cinema responding not to storytelling rhythm but to the emotional climate of its audience. Director Aditya Dhar, along with actor Yami Gautam, appears acutely aware of this moment and how to harness it.

BJP accounts for 99% of political donations in Gujarat: Corporate giants dominate

By Jag Jivan   An analysis of the official data on donations received by national parties from Gujarat during the Financial Year 2024-25 reveals a staggering concentration of funding, with the Bharatiya Janata Party (BJP) accounting for nearly the entirety of the contributions. The data, compiled in a document titled "National Parties donations received from Gujarat during FY-2024-25," lists thousands of transactions, painting a detailed picture of the financial backing for political parties from one of India’s most industrially significant states.

Alarming decline in India's repair culture threatens circular economy goals: Study

By Jag Jivan  A comprehensive new study by environmental research and advocacy organisation Toxics Link has painted a worrying picture of India's fading repair culture, warning that the trend towards replacement over repair is accelerating the country's already critical e-waste crisis.

Beyond the island: Top mythologist reorients the geography of the Ramayana

By Jag Jivan   In a compelling new analysis that challenges conventional geographical assumptions about the ancient epic, writer and mythologist Devdutt Pattanaik has traced the roots of the Ramayana to the forests and river systems of Central and Eastern India, rather than the peninsular south or the modern island nation of Sri Lanka.

The troubling turn in Telangana’s forest governance: Conservation without consent

By Palla Trinadha Rao   The Government of Telangana has recently projected its relocation initiatives in tiger reserves as a model of “transformative conservation,” combining ecological restoration with improved livelihoods for tribal communities. In the Amrabad Tiger Reserve, the State has announced a rehabilitation package covering hundreds of tribal families, offering compensation or resettlement with land and housing. At first glance, such initiatives appear to align conservation with development. However, a closer examination of both law and ground realities reveals a deeply troubling pattern—one where constitutional safeguards, statutory mandates, and community rights are being systematically sidelined in the name of conservation.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.