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Judges will rise to the occasion when required: SC judge
Supreme Court judge Justice N Kotiswar Singh has sought to reassure the public that the judiciary would “rise to the occasion” when required, amid concerns flagged by senior advocate Kapil Sibal over judicial silence in the face of legislative overreach and laws that impinge upon fundamental rights
Supreme Court judge Justice N Kotiswar Singh has sought to reassure the public that the judiciary would “rise to the occasion” when required, amid concerns flagged by senior advocate Kapil Sibal over judicial silence in the face of legislative overreach and laws that impinge upon fundamental rights.
Speaking at a panel discussion titled “Filling constitutional silences without judicial overreach” at the International Legal Conference organised by the Supreme Court Advocates-on-Record Association (SCAORA) in Goa on January 25, Justice Singh said people in the country “need not be worried” so long as faith in the judiciary and democracy endures. “Please, be not worried...we will rise to the occasion,” he said.
His remarks came in response to a statement by Sibal, who argued that courts had been “far too silent” at critical moments when legislations such as the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA) trammelled upon individual liberties and the federal structure.
“The court doesn’t speak when it should and the court is silent when it must speak,” said Sibal, contending that judicial silence in cases of legislative and executive excess violated the spirit of the Constitution. Referring to the expansive powers of the Enforcement Directorate and the use of stringent criminal laws, he asked why courts had not intervened more decisively when fundamental rights were at stake.
At the same time, Sibal cautioned against judicial overreach, citing instances such as the Supreme Court’s interventions in the alleged 2G spectrum and coal block allocation cases. He argued that courts had ventured into executive and policy domains without trials, leading to far-reaching economic consequences, including stalled businesses and a rise in non-performing assets. “When the trials happened, the trial courts held that there was no scam,” he noted, suggesting that such decisions reflected an imbalance in constitutional adjudication.
Sibal also flagged the recurring tussles between governors and elected state governments, pointing to instances where governors allegedly sat indefinitely on bills passed by state legislatures. He argued that such conduct undermined the will of the people and questioned why courts had been slow to intervene. “Courts must adhere to a constitutional balance and be ideologically inclined to the Constitution,” he said.
Responding, Justice Singh acknowledged that judicial silence had been part of the court’s own history, recalling the Supreme Court’s controversial decision in ADM Jabalpur during the Emergency. “There was a stunning silence,” he said, but added that the judiciary had repeatedly corrected itself over time.
“I am sure people will look up to courts to rise to the occasion. And that’s how our democracy has survived,” asserted Justice Singh, underscoring India’s constitutional resilience compared to many post-Second World War democracies whose constitutions did not endure. The robustness of Indian democracy, he said, reflected the strength of the rule of law and public faith in institutions.
“Ultimately, it is about people. So long as people have faith in the judiciary and democracy, such debates will go on,” he said, adding that judicial decisions had also shaped political discourse in the country. Acknowledging fallibility, he said courts, like all human institutions, could be wrong at times, but debate and criticism were integral to constitutional evolution.
“I hope by the next time this conference happens, the tune will change to the satisfaction of Mr Sibal,” remarked Justice Singh, prompting Sibal to respond that “as long as judges like Justice Kotiswar Singh and Justice Oka are there, we are safe.”
Former Supreme Court judge Justice Abhay S Oka and senior advocate Menaka Guruswamy also participated in the discussion, which focussed on the delicate balance between judicial intervention and restraint in addressing constitutional silences.
The conference was organised by the SCAoRA, led by its president Vipin Nair, vice-president Amit Sharma, secretary Nikhil Jain and joint secretary Kaustubh Shukla, among other office-bearers.
