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Other side of the Coin |
| On
9th December, 1948 during the discussions on Article 32 renowned
Freedom Fighter and Speaker of the 1st Loksabha Shri M. Ananthasayanam
Ayyangar interalia says that 'the Supreme Court according to
me is the Supreme guardian of the citizen's rights in any democracy.
I would even go further and say that it is the soul of democracy.
The executive which comes into being for the time being is apt
to abuse its powers, and therefore the Supreme Court must be
there, strong and un-trammelled by the day to day passions which
may bring a set of people into power and throw them out also
in a very short time. In less than three or four years during
which a parliament is in being, many governments may come and
go, and if the fundamental rights of the individual are left
to the tender mercies of the Government of the day, they cannot
be called fundamental rights at all. On the other hand, the
judges appointed to the Supreme Court can be depended upon to
be the guardians of the rights and privileges of the citizens,
the majority and the minority alike. This views not matched
with the observations made by the SC Bench comprises JusticesA.
K Mathur and Markandey Katju on the issue of Judicial activism.
Milap Choraria, Via e-mail
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