India’s foundations of governance have been well laid out by India’s first Prime Minister, Jawaharlal Nehru and other leaders of the Independence movement after India won a hard fought freedom from British Rule in 1947. India declared itself a Republic in 1950, with a well-drafted Constitution to guide it in managing the affairs of the nation. Over the years, the well-established systems saw to it that the nation’s affairs are carried out in an orderly manner where the three pillars executed their responsibilities equitably.
With time the systems went through pressures and pulls and suffered as a result of a progressive drift, but the positives remain. It is important that the different pillars of the democratic establishment, namely the Executive, the Legislature, the Judiciary and the Media as a public response system carry out their jobs in a fair and transparent manner and not encroach into one another’s realms. If such intrusions are allowed they result in chaos.
The thought arises in the context of a Supreme Court order on Tuesday, setting aside the order of the Allahabad High Court which directed the state government to impose lockdown in five Covid-affected districts of Uttar Pradesh. The apex court, in its wisdom, opted to give the freedom to the state to decide on this matter. Notably, the Hyderabad High Court too has forced the Telangana government into a similar action by way of holding out a threat that if it did not impose controls, the high court would itself have to issue the order.
Elected governments are mandated to run the affairs of the nation and states. The Executive has its limitations, but the elected leadership is well-aware of the ground realities and it is expected to act with a sense of responsibility in matters like handling the Covid situation.
It is easy to criticize, but difficult to perform. A recommendation from the court should be welcome, but it will be well-appreciated that the judiciary avoids wielding the stick or taking upon itself the responsibility of running the affairs of the nation. If any such attempt is made, it would seriously affect the existing governance system as a whole. The Supreme Court clearly understands this as is evident from the setting aside of the HC order by Chief Justice Sharad Arvind Bobde himself.
Discretion is the better part of valour. There have been several instances of late when it was felt that courts intruded into affairs of governance and caused embarrassment to the elected governments. Courts can act on the basis of the established laws of the land, and carry out their mandate within the parameters set by the Constitution. Governance is an executive function and not the domain of courts.