Is There a Serious Tussle Between the Modi Government and the Supreme Court?

The relationship between the Indian government under Prime Minister Narendra Modi and the Supreme Court has been a matter of much debate and speculation. Statements from various government officials have cast doubts on the prevailing harmony between the judiciary and the executive branch. Some argue that the Modi government and the Supreme Court are engaged in a serious tussle, while others claim there is no substantial conflict. This article delves into the underlying tensions and the justification behind these differing viewpoints.

The Supreme Court’s Role

The Supreme Court of India serves as the final arbiter of justice and plays a crucial role in ensuring law and order. It acts as a bulwark against government and corporate malpractices, ensuring that power is exercised within the framework of the Constitution. Critics argue that the recent actions of certain government officials suggest a growing intolerance for judicial scrutiny that threatens democracy and the rule of law.

No Tussle: A Balanced Perspective

However, others contend that any conflict between the Modi government and the Supreme Court is overstated. They argue that while the government may express disapproval of certain judgements, this does not equate to a tussle or attempt to intimidate the judiciary. In fact, the government has repeatedly defended its positions in legal battles deemed crucial to its policies, such as the Aadhaar case, Triple Talaq, and the Rafale deal.

Government’s Defensive Stance

In numerous legal cases, the Modi government has successfully stood its ground. Some notable examples include the Aadhaar (Unique Identification) case, the Triple Talaq decision, and the Rafale aerospace deal. The government has consistently upheld its decisions in these cases, even when facing legal challenges or criticism. This robust defence has fostered a perception of the government’s unwavering commitment to its own policies and initiatives.

Current Tensions Between the Government and the Supreme Court

However, the current situation suggests that the government and the Supreme Court may be approaching a critical juncture. There is a growing perception that the government is becoming increasingly uncomfortable with the judiciary’s involvement in matters of public importance. This discomfort stems from the Supreme Court’s tendency to review government policies and actions, which can sometimes result in decisions that go against the government’s interests.

The government's stance against judicial review is particularly evident in cases such as the disputed CAA (Citizenship Amendment Act) and the Ram Mandir temple issue. In these instances, the Supreme Court has played a pivotal role in examining the legality and implications of government actions, which has upset the government's position. The tension is further highlighted by the government's assertion that the Supreme Court should not overstep its bounds and review the decisions it deems inappropriate.

Solutions and Potential Reforms

While the government asserts the need for judicial and parliamentary supremacy, some have called for more drastic measures. They argue that the Modi government should seize the opportunity to reassert control over the judiciary and establish the supremacy of the parliament. Suggestions include the dismissal of the current Chief Justice of India (CJI) and the appointment of a more compliant judicial leader like R N Ravi.

Proponents of these reforms argue that the judiciary needs to be taught a lesson to curb its tendencies. However, critics pooh-pooh such ideas, asserting that the court’s independence is essential for the functioning of the democratic system. The appointment of a new CJI could potentially influence the court’s decisions and pose a threat to its impartiality and judicial independence.

Ultimately, the strained relationship between the Modi government and the Supreme Court is a complex issue that involves political, legal, and constitutional dimensions. While there is no clear evidence of a serious tussle, the ongoing tensions and the government's stance against judicial review suggest that the situation is delicate and requires careful handling to maintain the integrity of the judiciary and the rule of law.

It is crucial for both the government and the judiciary to work towards mutual respect and cooperation, ensuring that the balance of power is maintained and that democratic institutions continue to function as intended. This will require a nuanced approach from both parties, including a willingness to engage in open and respectful dialogue, and a commitment to the principles of constitutional democracy.