LAW is something people look upto when it comes to maintainace of job decorum. Every sentence of the judgement is binding in one way or the other. It hardly matters even if it is a blackletter law. Verdict of the judges is the command for the common. However in a democracy like ours the legislature and the executive have a major role to play. They can ofcourse question a decision through legislative procedures and change it sometimes. But its ultimately the judgement OF THE COURT which prevails.
In the conflict of power all the organs the organs of the state i.e. the legislature, executive and the judiciary take their own constitutional paths to gain superimacy. In the end what matters is who has the law on his side and how well he interpretates it. Its all about keeping the better card with you all the time.
The court has a decoram and hierarchy that is above the other two. A judge can not be pessurised by a cabinat as in case of the executive. It’s true that most of the decisions in our country are more or less influenced by the political conditions, media trials and the prevailing mindsets of the common. But the fact remains if a judge wants to be unbiased nothing in the world can stop him to do so. Rendering justice is far above than the VOTE BANK politics. It is something that should not separate human from human.
In the latest singur issue the verdict was that:
“There was no colourable exercise of power by the Government during acquisition of this land. Landowners who are not satisfied with the compensation amount may move the land acquisition collector”.
Commenting on the judgment, the State Advocate-General said: “The Judges have observed that the land acquisition is valid and just. The court also upheld that the acquisition was for a public purpose. It was a bona fide exercise of power on the part of the Government”.
Accordingly the hopes of the left’s industrial policy would have been left out. Thus verdict has given them a big relief. But of no use. The demand for adequate compensation was the main crux of the issue. There is a massive opposition by Mrs. Mamta Banerjee and her allies. The protest resulted in the physical assualt of two watchmen of the tata motors. Thus Tata is now thinking of withdrawing from SINGUR.
It can be seen that legal issue might have been setteled but the pubic issue was not. Mass Reaction can lead to great revelutions. Thus {Salus populi suprema lex est the wefare of people should be the supreme law}
My Law College and Life Experiences 