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

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

By Syed Ali Mujtaba* The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Kolkata dialogue flags policy and finance deficit in wetland sustainability

By A Representative Wetlands were the focus of India–Germany climate talks in Kolkata, where experts from government, business, and civil society stressed both their ecological importance and the urgent need for stronger conservation frameworks.

Beyond Lata: How Asha Bhosle redefined the female voice with her underrated versatility

By Vidya Bhushan Rawat* The news of iconic Asha Bhosle’s ‘untimely’ demise has shocked music lovers across the country. Asha Tai was 92 years young. Normally, people celebrate a passing at this age, but Asha Bhosle—much like another legend, Dev Anand—never made us feel she was growing old. She was perhaps the most versatile artist in Bombay cinema. Hailing from a family devoted to music, Asha’s journey to success and fame was not easy. Her elder sister, Lata Mangeshkar, had already become the voice of women in cinema, and most contemporaries like Shamshad Begum, Suraiya, and Noor Jehan had slowly faded into oblivion. Frankly, there was no second or third to Lata Mangeshkar; she became the first—and perhaps the only—choice for music directors and all those who mattered in filmmaking. Asha started her musical journey at age 10 with a Marathi film, but her first break in Hindustani cinema came with the film "Chunariya" (1948). Though she was not the first choice of ...

Lata Mangeshkar, a Dalit from Devdasi family, 'refused to sing a song' about Ambedkar

By Pramod Ranjan* An artist is known and respected for her art. But she is equally, or even more so known and respected for her social concerns. An artist's social concerns or in other words, her worldview, give a direction and purpose to her art. History remembers only such artists whose social concerns are deep, reasoned and of durable importance. Lata Mangeshkar (28 September 1929 – 6 February 2022) was a celebrated playback singer of the Hindi film industry. She was the uncrowned queen of Indian music for over seven decades. Her popularity was unmatched. Her songs were heard and admired not only in India but also in Pakistan, Bangladesh and many other South Asian countries. In this article, we will focus on her social concerns. Lata lived for 92 long years. Music ran in her blood. Her father also belonged to the world of music. Her two sisters, Asha Bhonsle and Usha Mangeshkar, are well-known singers. Lata might have been born in Indore but the blood of a famous Devdasi family...

Maoist activity in India: Weakening structures, 'shifts' in leadership, strategy and ideology

By Harsh Thakor* Recent statements by government representatives have suggested that Maoism in India has been effectively eliminated, citing the weakening of central leadership and intensified security operations. These claims follow sustained counterinsurgency efforts across key regions, including central and eastern India. However, available information from security agencies and independent observers indicates that while the organizational structure of the CPI (Maoist) has been significantly disrupted, elements of the movement remain active. Reports acknowledge the continued presence of cadres in certain forested regions such as Bastar and parts of Dandakaranya, alongside smaller, decentralized units adapting their operational strategies.

46% own nothing, 1% own 18%: The truth about India’s land inequality

By Vikas Meshram * “Agriculture is the backbone of India” — this is what we have been hearing for generations. But there is a pain hollowing out this backbone from within: the unequal distribution of land. On one hand, news of farmer suicides, indebtedness, and rural migration keeps coming; on the other, agricultural land across the country continues to concentrate in the hands of a few wealthy individuals.

From Manesar to Noida: Workers take to streets for bread, media looks away

By Sunil Kumar* Across several states in India, a workers’ movement is gathering momentum. This is not a movement born of luxury or ambition, nor a demand for power-sharing within the state. At its core lies a stark and basic plea: the right to survive with dignity—adequate food, and wages sufficient to afford it.

US study links ultra-processed diets to preterm birth, sparks concern in India

By Jag Jivan A growing body of scientific evidence linking ultra-processed food (UPF) consumption during pregnancy to adverse maternal and neonatal outcomes has sparked fresh concern among public health experts, with Indian nutrition advocates warning of serious implications for the country’s already strained maternal health landscape.

Midnight weeping: The sociology of tragic vision in Badri Narayan’s poetry

By Ravi Ranjan* Badri Narayan, a distinguished Hindi poet and social scientist, occupies a unique position in contemporary Indian intellectual life by bridging the worlds of creative literature and critical social inquiry. His poetic journey began significantly with the 1993 collection 'Saca Sune Hue Kaï Dina Hue' (Truth Heard Many Days Ago). As a social historian and cultural anthropologist, Narayan pioneered a methodological shift away from elite archives toward the oral traditions and folk myths of marginalized communities. He eventually legitimized "folk-ethnography" as a rigorous academic discipline during his tenure as Director of the G.B. Pant Social Science Institute.

Search This Blog