JEMTEC

  a. PIL as a means to prevent Judicial Accountability SC by a series of PILs has ensured the dominance of judiciary concerning issues of appointment and transfer of judges, their conditions of service and removal etc. S.P. Gupta v Union of India [1] , SCAORA v Union of India [2] and the NJAC Judgment [3] have all worked towards promoting judicial supremacy into arenas, which were traditionally, and predominantly the domain of the Parliament and the executive. By introducing the Collegium system, it can be argued that it has amended the language of A.124 (3) and not interpreted it. This raises a deep fundamental question as to how far constitutional interpretations may be stretched to obtain this judicial supremacy. Moreover, this has been made possible because judges have entertained PILs in matters where the concern is not the enforcement of rights but a tussle for power and supremacy of authority, revealing a glaring evidence of lack of judicial accountability. PIL, therefo...

The Apex Court has now shifted to panchayati eclecticism which is result oriented and thus depends on the whims and fancies of different benches in the Supreme Court. My disagreement is that as constitutional adjudication affects varied aspects of people in different capacities therefore there can be no fixed or rigid rules of interpretation. While the historical interpretation leans on the meaning at the time of the framing of the Constitution and textual interpretation depends on the present sense of the text. I believe an attempt should be made to read the provisions not only in their original social and linguistic context but in its modern context or in a way that mediates between the two. The current phase of the Supreme Court gives the language of the Constitution a liberal construction so as to include within its ambit future developments than in restricting the language to the state of things existing at the time of passing of the Constitution.  Trans formative constit...