The Coronavirus pandemic has brought about the biggest lockdown in the history of independent India. For the past two months, only essential services and essential service providers have been allowed to operate. The courts, including the Supreme Court, have been running on an extremely limited capacity with only two benches assembled everyday. This is in sharp contrast to the otherwise busy days for the Justices, who take up more than 200 matters in a day. In the past month, the court has only been able to take up 250 matters – a poor shadow of its otherwise vibrant practice.
The Constitution has envisioned the Supreme Court as the highest court of the land. It is also a court of record; it hears appeals from all courts from the states. Additionally, the Supreme Court has also been entrusted with a crucial task of interpreting the Constitution. A corollary of this power is the apex court’s power to assess laws made by the Parliament or directives issued by the Executive. This empowers the Supreme Court to gauge the constitutionality of these laws against the backdrop of the fundamental rights enshrined in the Constitution. Anything that falls foul can be struck down by the court.
This arrangement – of the Legislature, Executive and Judiciary enforcing checks and balances on each other – is essential in a healthy democracy. Through this arrangement, the Judiciary – empowered to question the excesses of the other organs – makes each of these institutions accountable and helps maintain a harmonious balance of responsibilities, duties and rights. The function of the court is thus crucial.
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