Covid Crises vs. Emergency Era

The Supreme Court’s handling of the Covid-19 crises cannot be compared with it’s role during the Emergency said by former Chief Justice of India Ranjan Gogoi. 20 senior advocates had accused the SC of exhibiting Emergency type mindset, by not intervening in time and preventing the migrant crises from unfolding. The role of Judiciary in a crises suitation is of a course corrector and as an evaluator with constitutional ethos as the guiding norms. Attributing ill will to the institution as whole or individual judges only serves to adversely weaken the Institution. It’s silence or failure to act has been compared to the role of institution during the Emergency

What happened during the emergency are constitutional pervasions conceived by the human mind. Though legal options were clearly available to undo the wrong, we humans faltered. The Covid suitation was beyond human comprehension. Never before have experienced anything even remotely similar. The scenario offers only hindsight views. Criticism of Judicial performance is indeed crucial for vitality of an institution. However, though “hyperboles masquerading as honest criticism may benefit a few in short run, in the long run it would for sure adversely affect the nation as a whole. There are limits to judicial power exercised by courts, in particular the Supreme Court. The Court has the mandate to protect basic rights and uphold the Constitution but it is also bestowed with wisdom to step back from what are essentially problems of administrative nature, requiring the consultations. The court therefore, ought not to act as the first recourse to settle all stresses and strains, that is, even before the executive and the administration have had the opportunity to address such concerns.

So while unprecendented times may call for unprecedented responses, the duty of the court is also to constantly try and work with the administration to tackle the fallout of crises suitations without compromising basic rights and liberties of citizen.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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