'SC should behave as if it's at war with executive in defence of Constitution'

NT Correspondent

New Delhi: "The Supreme Court must behave as if “it’s at war with the executive in defence of the Constitution,” said Arun Shourie, a former member of Atal Bihari Vajpayee’s cabinet, in an interview with The Wire.

The interview loomed over the topic of differences between the Supreme Court and the executive, as well as the legislature. “The defence must be comprehensive, across the board, it must be unrelenting, and the judiciary must not give in on any issue at all,” he said.

Shourie, who is also the former editor of the Indian Express, brought attention to the recent comments made by the law minister regarding judges and the Supreme Court collegium. He also spoke of the comments made by the vice president, hinting at the supremacy of parliament over the Constitution, and said that these constitute “a concerted attack on the judiciary,” which is “deliberate and well-thought through”.

He said that while this is not just an attack on judges, it is also a venture to “to denigrate” the Supreme Court, which is a fundamental part of our Constitution. He claimed the objective is to lower the image of the apex court in the eyes of the common public.

He said the developments are a “totalitarian character of the government” which is seeking “total control” over everything. The former minister believes that if Vajpayee was alive in present times, he would have been concerned with the way the apex court is being treated by the government.

He added that if LK Advani were to speak, they would share the same opinion as both men had been staunch critics of Indira Gandhi when she sought a committed judiciary and superseded judges to appoint Justice Ray as chief justice or to ensure Justice Khanna never held a position of power.

Shourie also brings to light issues plaguing the judiciary and those which have not been addressed by it. He discusses instances when the judiciary failed to make sure its directions were implemented efficiently