Though the Parliament is given the Legislative power relating to the Supreme Court but such power does not affect the independence of the Supreme Court. Our constitution has made so many safeguards to protect the Judiciary from the politicians and the executives.
Independence of the Judiciary is the basic feature of our constitution.
In the recent past, PM Narendra Modi and CJI H.L.Dattu are addressing a joint conference of the Chief Justices of High courts and Chief Ministers from all over the Country in New Delhi. Here they show the subtle conflict among the Legislative, the Executive and the Judiciary.
“What our PM has mentioned” is about the politicians [The Legislative body] who are under constant observations and criticism. And there is no such thing for the Judiciary. Because criticism of Judiciary would attract the clause of the contempt of court and the person could be sent to jail, even if his allegation is true.
PM Modi again mentioned that to a large extent, the Judiciary is responsible for the delay of delivering justice. Here, the PM cited an example where “Justice delayed is justice denied.” has been observed.
It was the case in the year 1987.The provincial Armed Constabulary (PAC) of Utter Pradesh rounded up about 50 Muslim men from Hashimpura in Meerut, shot some 42 of them and dumped their bodies in a nearby canal. After 28 years, a sessions court pronounced no one guilty of the massacre. Some 16 PAC personnel stood trial for murder. But there was no witness living and all accused were scot-free.
However, he did not blame the Judiciary alone for the miscarriage of Justice. The Government is bound by several bodies like Election commission, RTI, Lokpal and others in addition to the courts for such delay. In another way, the delay in delivering justice depends on the Govrt. mechanism also. The Judges can’t judge without the co-operations and compliance of the police and prosecutors which are ruled by the Legislators.
CJI H.L.Dattu has clarified the above in his speech alluded to the above problem. “It is only a well-coordinated effort between the Executive and Judiciary that will ensure us achieves a just and efficient legal system.”
The underlying fact of such problems is the all-pervasive corruption, that feeling money can buy anything in India.
There are exceptions, but as PM Modi asked Judiciary to introspect if five-star activities are driving it. Of course politicians and executives are corrupt but people can appeal to the Judiciary. If Judiciary itself can be influenced by “five-star activists”, where can they go?
The other reason for the delay of justice is the Govt. itself that has created a web of complicated laws.