Impact of Judicial Decision

Source: The Hindu

Introduction

Recent judicial decisions striking down electoral bonds and granting bail to politicians and critical media figures have sparked concerns about the Supreme Court's legitimacy, particularly among ruling party interests. These rulings challenge state overreach and privilege, emphasizing the importance of legal principles over political influence.

Recent decisions, though healthy for democracy, break a pattern of judicial alignment with the executive, surprising many. A bail granted by Juvenile Justice Board (JJB) in Pune Porsche Crash also led to the criticism of judiciary. Criticisms of judicial acquiescence make these rulings, especially during an election year, a welcome display of judicial courage.

What is the Impact of Digital Media on Judiciary?

• Digital platforms now allow real-time commentary on public hearings, notably those with political implications, by live tweeting and streaming permitted by the Supreme Court and High Courts.
• A troubling pattern has surfaced: instances of the judiciary being subjected to abuse, as some perceive it as a vestige of colonial rule or at odds with the ideals of a "new India."
• Digital campaigns against the court often pose as calls for reform but lack substantive proposals, ultimately aiming to consolidate executive power rather than genuinely address issues within the judiciary.

What is Judicial Nepotism?

• Judicial nepotism refers to the practice of favoring relatives or close associates when making appointments or granting privileges within the judiciary.
• This can manifest in various forms, such as the preferential selection of family members for judicial positions, the allocation of lucrative cases to associates with personal connections, or the granting of undue favors or leniency in legal proceedings.
• Judicial nepotism undermines the principles of meritocracy, fairness, and impartiality within the legal system, eroding public trust in the judiciary and compromising the integrity of the judicial process.

What are the Major Recent Cases When Judicial Decisions Were Praised?

• Prabir Purkayastha v. State (2024)
  • In Prabir Purkayastha v. State (2024) case, the Supreme Court invalidated the arrest of Newsclick founder-editor Prabir Purkayastha in a terror case. The court ordered his release, citing the failure of the Delhi Police to inform Purkayastha of the grounds of his arrest before taking him into custody.
  • This case upholds fundamental constitutional protection by emphasizing the requirement to inform the arrested individual about the grounds for arrest promptly.
• Arvind Kejriwal v. Directorate of Enforcement (2024):
  • The Supreme Court granted interim bail to the Delhi Chief Minister in the liquor policy case or Arvind Kejriwal v. Directorate of Enforcement (2024) till 1^st June 2024 to campaign for the Lok Sabha elections.
  • The Supreme Court's decision to grant interim bail to the Chief Minister of Delhi illustrates a commitment to democratic principles by safeguarding his participation in the electoral process.
  • Despite facing allegations that warrant fair adjudication, his continued detention could potentially exert undue influence on the electoral proceedings.
  • This ruling showcases judicial sagacity in prioritizing the integrity of free and fair elections, which are indispensable for sustaining India's vibrant democracy.
• Association for Democratic Reforms and Anr. v. UOI (2024):
  • In Association for Democratic Reforms and Anr. v. UOI. (2024), a five-judge Constitution Bench of the Supreme Court (SC) of India unanimously struck down the Electoral Bond Scheme (EBS) and associated amendments as unconstitutional, sparking significant ramifications for political financing in India.
  • The SC asserted that the EBS violated the fundamental right to information guaranteed under Article 19(1)(a) of the Constitution.

What is Pune Porsche Crash 2024?

• A 17-year-old, allegedly intoxicated, caused a fatal accident involving two motorcycle riders with his car.
• The Juvenile Justice Board granted bail to the teenager with conditions including working with Yerawada traffic police for 15 days, writing an essay on accidents, and undergoing treatment to quit drinking along with psychiatric counseling.
• The police have approached the board to review its bail order.
• Pending the decision, the teenager was sent to a Children's Observation Centre until June 5 after his bail was cancelled by a juvenile court.
• There's a pending decision by the Juvenile Justice Board on whether to try the teenager as an adult.
• The teenager's father is facing legal action under Sections 75 and 77 of the Juvenile Justice Act, 2015 (JJ Act)

Conclusion

Recent judicial decisions have showcased the Supreme Court's commitment to upholding constitutional principles and protecting individual rights, despite criticisms and pressures from various quarters. These rulings demonstrate a crucial assertion of judicial independence and a safeguarding of democratic values in India's legal system.