Supreme Court Decisions are Correct or Right?

Supreme Court is the Guardian of the Indian Constitution because it guarantees the Rule Of Law in the country. Fundamental Rights of Citizens are protected by the court against any power that be . Constitution directs government and its allied agencies to ensure Rule of law . Basically people trust the pronouncements of the apex court . But recently some Judgments have caused doubts about correctness of the courts decisions .

Recently Full bench of supreme court headed by Chief Justice Thakur gave verdict that NO HIGH COURT will entertain any writ petition in reference of Demonetization ; Which is against the spirit of our Constitution. To elaborate my point . I will quote Article 32 which clearly empowers the Supreme court to entertain complaints of the citizens and for constitutional remedy it shall issue writ of Habeus corpus – Mandamus – Quo waranto or cercori and prohibition. This means that apex court can issue the order within the framework of these writ jurisdiction ONLY. Where as under article 226 which deals with the powers of High Courts in this reference have greater jurisdiction. Because constitution says “the high court can issue for any other purpose”, Where as Supreme court can only issue these writs in the matter of the rights as given in Part III of constitution.

It should be clearly understood that Supreme court has no power of “Superintendence over High Courts. It issues Directions as appellate authority. Now in this regard we examine the case of Demonetization order, we feel that it is not correct as the apex court order is NON APPELEBLE hence it is Right BUT not CORRECT.

Second decision is also makes one feel that is it all correct, in the matter of an air force personal Maqtoom Hussain who pleaded that growing Beard is his religious faith hence he should be allowed to keep it. In 2001 Maqtoom applied to his commanding officer to get the permisson to this effect. Initially he was allowed, But latter he was ordered to shave the beard. Against this order he went in appeal to Supreme Court. One Significant fact was not mentioned by the apex court that in Air Force Sikh Personals are allowed to keep their beard. Now this amounts to Discrimination on the basis of Religion. Then how come supreme court did not elaborated it self as to WHY a Sikh belief is superior than the belief of a follower of Islam ?

In this reference Allahabad High Court 's verdict on the issue of Triple Talaq should also be highlighted. Here again the matter of faith is in question. Allahabad high court in its judgment has remarked “That Faith can not be above Constitution” but the same court in the matter of Babri mosque demolition case has given the verdict which is totally opposite faith is above the constitution! How one can feel Correct? What is right and what is wrong.