Rabbi Mesquita
There are instances on account of failure of our Legislative bodies across the spectrum of the Indian union, that is the states as well as the Central Governments that the courts have to intervene, not only to declare laws passed by the respective legislatures as either bad in law or that it contravenes the basic tenets of the constitution. This occurs due to failure of legislators and parliamentarians whose powers to debate and legislate good laws for its citizens have been abysmal.
This also reflects on the citizens who vote for their representatives based on caste/religion or for having received some benefits in money or kind, The Indian electorate seems to forget that we elect our representatives for greater good of our country rather than for the selfish ends of each community/caste or dispensation.
It is sad to note that Legislative bodies and parliament are turned into slugfests where a horde of parliamentarians shout down each other, this behaviour is worse than street urchins, so much so important bills are passed without any debate.
Thus bad laws are passed without full thought and sound reason, the brute majority often bypass the best of suggestions put up by opposition members. More often than not legislations are passed without amendments.
This results in intervention by courts. Often the laws passed are negated by the courts or otherwise the courts themselves pass legislation that is applicable to the whole country. When courts legislate then there is conflict. India is a conglomeration of states having different culture, different sizes, language and diversity. Even within each state there is so much diversity, that laws passed by courts conflicts with cultures, ethos and even the economics of different regions.
It would be best if courts limit itself to interpretation of laws, and passing judgements. One of the most important cause of intervention of the courts is the failure of our Legislature to legislate.
One such law passed regarding liquor permits/licences which affect different regions differently and Goa being a small state where you can crisscross the state within 100 kms and every national and state highway passes through more than 50% of villages and towns affecting livelihood of thousands of people.
Did the judges think about that? By trying to control drunk driving, deprive thousands of others their livelihood – what justice!
