Tharoor points to ‘judicial insensitivities’

Congress Lok Sabha member Shashi Tharoor on Tuesday said that there has been a failure on the part Indian judiciary to stem the irresistible tide of militant majoritarianism.

He said that there were examples of judiciary’s “insensitivities” including rejection of several applications on the plight of migrant labourers during the Covid-19 period.

“Since we are meeting the day after 29th anniversary of the grievous act of demolition of a place of worship, it is only fitting to recall how that active vandalism was in effect legitimised by the Court,” said Tharoor in the Lok Sabha while initiating the debate on the High Court and Supreme Court Judges (Salaries and Conditions of Service)

Amendment Bill, 2021.

He said that court obligingly differed lawsuits challenging many government actions.

“The government was awarded a clean chit on the Rafale Jet investigation case on the basis of famous sealed covers containing evidence with the CJI exchange between himself and the government alone,” said the Congress leader. This, he said was in utter disregard for following sound legal procedure and traditions of the institution.

Tharoor alleged that decisions have been made one after the other which go beyond the questions of separation of powers between the executive and the judiciary.

“If you look, for example, at the abrogation of Article 370, there is an ipso facto concern of the executive influence which has seemingly constrained the judiciary,” he said. On Habeas Corpus too, there is unusual delay in hearing, Tharoor said, adding, “these key fundamental tools empower citizens when their fundamental right to life is under threat.”