Janaki Jambunathan
Active member
Sc -வெறுங்கையில் முழம்பாேடுகிறதா?
judiciary “has no influence over either the sword or the purse”. Instead it only has its power of judgment, using which it must earn the respect of the people.
managing Delhi’s pollution is simply not a task that is within the managerial competence of the judiciary. In Gerry Rosenberg’s seminal book The Hollow Hope , he highlights the inability of the American Supreme Court to effectuate ground-level social change. This, according to him was owing to three constraints — a lack of independence, the limited text of constitutional rights and the inability to conceptualise and enforce holistic reform. While the Indian Supreme Court may have successfully overcome the first two, it is intrinsic to the judicial function that it is unable to enforce meaningful reform. An example will illustrate — the order (passed by an earlier Bench) to convert all diesel taxis with national permits but operating in Delhi to CNG failed to take into account the abject lack of CNG filling stations in States contiguous to the National Capital Region where such taxis most often travel. The States of Uttar Pradesh and Haryana (sans the National Capital Region) have 32 and three filling stations, respectively, Rajasthan has three (all in Kota), whereas Punjab, Himachal Pradesh and Uttarakhand have none
Playing such a core governance function means that it is only a matter of time before people expect it to be accountable as government is
http://www.thehindu.com/todays-paper/tp-opinion/the-courts-future-is-in-its-own-hands/article8647135.ece
judiciary “has no influence over either the sword or the purse”. Instead it only has its power of judgment, using which it must earn the respect of the people.
managing Delhi’s pollution is simply not a task that is within the managerial competence of the judiciary. In Gerry Rosenberg’s seminal book The Hollow Hope , he highlights the inability of the American Supreme Court to effectuate ground-level social change. This, according to him was owing to three constraints — a lack of independence, the limited text of constitutional rights and the inability to conceptualise and enforce holistic reform. While the Indian Supreme Court may have successfully overcome the first two, it is intrinsic to the judicial function that it is unable to enforce meaningful reform. An example will illustrate — the order (passed by an earlier Bench) to convert all diesel taxis with national permits but operating in Delhi to CNG failed to take into account the abject lack of CNG filling stations in States contiguous to the National Capital Region where such taxis most often travel. The States of Uttar Pradesh and Haryana (sans the National Capital Region) have 32 and three filling stations, respectively, Rajasthan has three (all in Kota), whereas Punjab, Himachal Pradesh and Uttarakhand have none
Playing such a core governance function means that it is only a matter of time before people expect it to be accountable as government is
http://www.thehindu.com/todays-paper/tp-opinion/the-courts-future-is-in-its-own-hands/article8647135.ece
