Your honour! This is too much

It was Senior Advocate Govind Bharathan told earlier that Judicial Activism is not an unwelcome thing in our democracy. The comment was made in a tv show with Advocate Kaaleswaram Raj who rightly defended judicial activism.

In my personal opinion, some of the Supreme Court Judgements are impractical and sometimes create unprecedented reverse effects in our society. Let’s take few examples.

1. Prohibition of Bar in highways
2. National Anthem in Cinema Theatre's

Look at the first case. SC is very concerned about health and safety so the petitioners argument was accepted to ban any Bar which serves alcohol within 100 meters from national highways. Is the reason fair? Yes. Is this a really practical judgement? Well, I dont think so. Your honour there are numerous highways in our country and tens of thousands of Bar aside each of them.

why is it impractical?

Well, firstly, it is a new rule. Rules are managed by executive under democracy in our country. And it is under scrutiny of various elements of our system. Look at the aftermath of this judgement.

1. State governments asked permission to notify a road as national highway. And your honour it was accepted! Lol! So what happened to the well being and safety of those people? Are you trying to make headlines? Did you think of the effects like this while issuing judgement?
2. Initially many bars closed. They moved it 100m away and opened another one. Later you have accepted to operate them in various exceptions. Now what is the result? The number of bars doubled! Come on! Is this what you really wanted? Did any learned judges or group of judges studies this kinds of jokes happening in the country?
3. So your honour! The humble opinion is other than interpretation and providing justice, let us not focus on executive’s jobs. Let them do their work. Why don’t you ask them to implement safety protocols as it deemed fit in reasonable timeframe?

Second case. Creating patriotic citizens! Please, wrong ways. Now when I saw empuraan movie there was no national anthem. Is that rule scrapped? Wonderful thank you so much!

Let us look at recent judgement on Governors sitting on the passed bills by state assembly. Your honour set a time line for each actions by Governon on the bill. Seems fine. But your honour went on to clarify that if this time line not met, it deemed to pass. What? Does that means, practically, Governors never need to sign any more bills passed sent to them? That is a joke. Your honour please do not make a banana republic. Our country is governed by a constitution, your honour need to interpret it instead of amending it. At present, you have made a state law passed by your order. That is a gross violation of power milord! This will lead to one thing. Any state can pass any bill. And it automatically become a law as you know that it need just twice the amount of time because Governors can reject only once. But even if they did not reject in that specified time, it becomes a law. Now milord will get additional work of scrutinizing it because state can pass anything without worrying about Governors’ decision.

We marching towards lawlessness because if the institution which best understands the law violates it, leads to collapse of the whole system.