The former judge S. Muralidhar pointed out that there is a lack of candor in terms of print media analyzing how critical judgments get authored by individual judges.
Former High Court Chief Justice S Muralidhar made a significant statement before the higher judiciary, saying that mostly political issues get disguised as legal ones.
Do judges get influenced by their political prejudices in constitutional cases?
The judge’s main task is to remain impartial free of prejudices and biases. Everyone indeed thinks as per their upbringing and education, but the constant struggle is to decide and come to conclusions without having free preconceived notions. Most of the judges, when they are deciding on constitutional issues, try to detach themselves and do not want to relate to any political controversies.
They refrain from giving personal views on these matters and try to decide on the issue following the Indian constitution in the best interest of both the parties and the nation. However, there is a rational way to resolve constitutional problems that do not depend on political considerations. When judges try to determine the interests of the parties and the country, are they doing anything different from politicians?
Is politics the core of constitutional decision-making?
Undoubtedly, politics is at the core of constitutional decision-making, and it is not something new. Still, many new adherents in the present years point out that many constitutional issues that are brought up in the Supreme Court are inescapably and fundamentally political.
It also suggested that many constitutional issues can be resolved by political acts and choices unavoidably. Politics is one such arena containing preferences and passions where conflicts are resolved by imposing rules through the expression of power.
My opinion
It is true that the political aspect of constitutional review gives rise to many issues about the conventional role of political democracy, and the relationship between law and democracy also comes into focus. In democracies, whether the rules or the political game, the constitutional courts try to handle party struggle, political manipulation, or corruption. They also have immense public support for unrestricted democracy for many people. The acceptance features of this transition can come up with good reasons for supporting the constitution review, which is an alternative to more uses of law in a political manner.
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