Page 43 - Constitution

70 Years of Indian

Constitution

people in general and legal fraternity in particular, not only These activists are also demanding scrapping of the Law
welcomed but also hailed this decision as the one which of Contempt so that they can have free hand to malign the
saved democracy, and in-turn the country, as otherwise by judiciary in general and the Supreme Court in particular.
now Parliament would have amended the same so many In the prevailing situation it is not only ill advisable but
times and to such an extent that as on to-day we would also dangerous to scrap law relating to contempt. Even a
not have had this Constitution. Popular acceptance of this Judge known for his impeccable integrity and honesty is
judgment by the people generally has totally eclipsed the accused of corruption and the said accusation is sought
criticism of the judgment on legal principles. to be explained by asserting that what was meant was
impropriety. It is ridiculous to contend that the expression

Even with regard to personal liberty of the people in “corruption” and “impropriety” are synonyms.
the country generally the decisions of the Supreme Court The judiciary is the last hope for the citizens and if its
have been in favour of the citizens and against the State, image and reputation is tarnished by unjustified criticism,
barring few exceptions. One such exception is the majority the same can only be described as suicidal. Evil design of
judgment in ADM Jabalpur case the effect of which was vested interest to browbeat and intimidate Judges for self-
promptly nullified by legislative intervention by amending interest must be nipped in the bud to save the prestige
Article 359 of the Constitution. and image of the Supreme Court. Above narration will

Of late, there has been some criticism of the Supreme show that the judiciary and in particular the Supreme
Court complaining of its inaction in protecting the rights of Court has effectively performed its functions in fulfilling
the citizens. The tone and tenor of the criticism has been its constitutional obligations during the last 70 years. It
unduly harsh resulting in irretrievably damaging the image has truly acted as guardian of the Constitution and it is
and dignity of the Supreme Court. reasonable to hope that it will continue to do so in future.

BV Acharya is senior advocate at Karnataka High Court. He was Advocate General
of Karnataka government many times .He shot to prominence nationally in
Disproportionate Assets case against J Jayalalithaa as special counsel taking to its
logical end in spite of hardship and threat.

70 Years of Indian Constitution 43