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

Countrywide protest by gig workers puts spotlight on algorithmic exploitation

By A Representative   A nationwide protest led largely by women gig and platform workers was held across several states on February 3, with the Gig & Platform Service Workers Union (GIPSWU) claiming the mobilisation as a success and a strong assertion of workers’ rights against what it described as widespread exploitation by digital platform companies. Demonstrations took place in Delhi, Rajasthan, Karnataka, Maharashtra and other states, covering major cities including New Delhi, Jaipur, Bengaluru and Mumbai, along with multiple districts across the country.

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.

Budget 2026 focuses on pharma and medical tourism, overlooks public health needs: JSAI

By A Representative   Jan Swasthya Abhiyan India (JSAI) has criticised the Union Budget 2026, stating that it overlooks core public health needs while prioritising the pharmaceutical industry, private healthcare, medical tourism, public-private partnerships, and exports related to AYUSH systems. In a press note issued from New Delhi, the public health network said that primary healthcare services and public health infrastructure continue to remain underfunded despite repeated policy assurances.

'Gandhi Talks': Cinema that dares to be quiet, where music, image and silence speak

By Vikas Meshram   In today’s digital age, where reels and short videos dominate attention spans, watching a silent film for over two hours feels almost like an act of resistance. Directed by Kishor Pandurang Belekar, “Gandhi Talks” is a bold cinematic experiment that turns silence into language and wordlessness into a powerful storytelling device. The film is not mere entertainment; it is an experience that pushes the viewer inward, compelling reflection on life, values, and society.

Penpa Tsering’s leadership and record under scrutiny amidst Tibetan exile elections

By Tseten Lhundup*  Within the Tibetan exile community, Penpa Tsering is often described as having risen through grassroots engagement. Born in 1967, he comes from an ordinary Tibetan family, pursued higher education at Delhi University in India, and went on to serve as Speaker of the Tibetan Parliament-in-Exile from 2008 to 2016. In 2021, he was elected Sikyong of the Central Tibetan Administration (CTA), becoming the second democratically elected political leader of the administration after Lobsang Sangay. 

When compassion turns lethal: Euthanasia and the fear of becoming a burden

By Deepika   A 55-year-old acquaintance passed away recently after a long battle with cancer. Why so many people are dying relatively young is a question being raised in several forums, and that debate is best reserved for another day. This individual was kept on a ventilator for nearly five months, after which the doctors and the family finally decided to let go. The cost of keeping a person on life support for such extended periods is enormous. Yet families continue to spend vast sums even when the chances of survival are minimal. Life, we are told, is precious, and nature itself strives to protect and sustain it.

Report exposes human rights gaps in India's $36 billion garment export industry

By Jag Jivan   A new report sheds light on the urgent human rights challenges within India’s vast textile and garment industry, as global regulations increasingly demand corporate accountability in supply chains. Titled “Beneath the Seams,” the study reveals that despite the sector employing over 45 million people, systemic issues of poverty wages, unfair purchasing practices, and the exclusion of workers from decision-making persist, leaving millions vulnerable.

When resistance became administrative: How I learned to stop romanticising the labour movement

By Rohit Chauhan*   On my first day at a labour rights NGO, I was given a monthly sales target: sixty memberships. Not sixty workers to organise, not sixty conversations about exploitation, not sixty political discussions. Sixty conversions. I remember staring at the whiteboard, wondering whether I had mistakenly walked into a multi-level marketing office instead of a trade union. The language was corporate, the urgency managerial, and the tone unmistakably transactional. It was my formal introduction to a strange truth I would slowly learn: in contemporary India, even rebellion runs on performance metrics.

Silencing the university: How fear is replacing debate in academic India

By Sunil Kyumar*  “Republic Day is a powerful symbol of our freedom, Constitution, and democratic values. This festival gives us renewed energy and inspiration to move forward together with the resolve of nation-building”, said Prime Minister Narendra Modi on January 26, 2026. On this occasion, the Prime Minister also shared a Sanskrit subhashita— “Paratantryābhibhūtasya deśasyābhyudayaḥ kutaḥ. Ataḥ svātantryamāptavyaṁ aikyaṁ svātantryasādhanam.”