Criticism of Judiciary – UPSC GS2

Examples of Criticism of Judiciary:
  • ADM Jabalpur case, 1976: The court held that the right to life and personal liberty of a citizen under Article 21 of the Constitution would remain suspended during the emergency. The judiciary was under so much criticism that they had to overrule the judgement.
  • Shashi Tharoor speech in Parliament: He said that the judiciary had failed to stem the tide of militant majoritarianism. He further blamed that the “judiciary’s inaction almost always favours those in power”.
  • Trinamool MP: Criticized the transfer of former Madras High Court Chief Justice as the Chief Justice of Meghalaya High Court.
  • Collegium System: Collegium is under question several times for transfer and re-transfer of judges.
  • Pending judgment on important cases: Several cases of national importance and which are obstructing the fundamental right of citizens are waiting for the final judgements. For instance, cases on Article 370, the Citizenship Amendment Act, electoral bonds, and others.
  • Partiality in Bail hearings: It can be noticed that some bail applications just took only 1-2 days while others are pending for months.

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