The Hindu Business Line : <I>Ensuring activism leads to action </I>

The way things are shaping, the higher courts of the land, with the Supreme Court (SC) providing the inspiration and leadership, seem the only hope left for people for making the Central and State governments conform to the criteria of accountability and transparency in governance. The SC has, by a series of landmark decisions on the Constitution in the period since Independence, made it a bastion of democracy and rule of law.

Expanding its reach

In the early years, the SC was mainly concerned with matters of deep and profound concern such as the enforcement of fundamental rights and Centre-State relations, particularly in the context of Emergency provisions. Its thrust has invariably been towards expanding the reach and effect of the rights guaranteed under the Constitution, and making them easy of access for the people at large. It has breathed new life into the fundamental right of freedom of expression by bringing the media within its purview, and by innovatively reinforcing judicial prowess with social purpose, proclaimed the rights to education and employment as inalienable and inviolable in tune with the vision of the founding fathers.

While in regard to the above, the apex court could be said to have only been doing its duty, in one respect it excelled itself by going beyond the call of duty and fashioning for the people's good a weapon that was as powerful as it was unique in the form of public interest litigation (PIL). This was the genesis of the so-called judicial activism whereby individuals and the civil society, whether they were personally affected or not, could bring to the notice of the Court directly even through postcards what they regard as omissions and commissions of government/public sector agencies; if found credible, the Court treated them as writs and after getting the defendants' explanation and giving both parties due hearing, gave directives for remedial action.

Enhancing governance

It has, thereby, been able to force the Government to address, often to good effect, long-neglected injustices and ills — custodial deaths, bride burning, prolonged incarceration of under-trial prisoners, sexual harassment, encroachments and unauthorised constructions, gender discrimination, fouling up of environment, disruption caused by bandhs and the like. It was its relentless pressure that led to the legislation requiring candidates for elections to declare their moveable and immoveable assets, details of criminal cases pending or decided against them and their educational qualifications. Its recent order on police reforms is bound to enhance the quality of governance immeasurably.

There are, however, instances of the executive not complying with the SC's orders in letter and spirit, and in full and in time. In order that the courses of action and the time-frames prescribed in these salutary directives are strictly adhered to by official agencies, the SC may have to set up, if it has not already done so, a special monitoring and enforcement wing based on whose reports, it can initiate contempt or other punitive proceedings. It is only by vigilantly ensuring implementation of its own orders that the SC can uphold the sanctity of the judicial process. Absent that, officialdom will just sit on the judgments and in the bargain, bring disrepute to the Court itself.

B. S. RAGHAVAN

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