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.
