Sinister trend by populist elements to influence court verdicts, says Law Minister

Prasad said that while he welcomed dissent and populism, a problem arises when the biggest flag-bearers of populism are those who have been rejected by the people in elections.

There is a sinister trend by populist elements in India and globally to mount campaigns against the judiciary to try and influence court verdicts and the same should be reined in to ensure independence of judges is not affected and the rule of law is maintained, Union Law Minister Ravi Shankar Prasad said on Saturday.

Ravi Shankar Prasad hit out at alleged attempts by populists to dictate decisions to the courts by public criticism. (Burhaan Kinu/HT PHOTO)

Prasad who was speaking at the international judicial conference organized by the Supreme Court of India said such populist elements seek accountability from courts on how cases should be decided and unleash “all forces of criticism” if judgments do not go according to their expectations. Such populism, he said, violates well-settled constitutional principles.

“This sinister trend developing globally and also in our country is that some people start campaigning as to what kind of judgments they expect and if the judgment is not in accordance with that, then unleash all the forces of criticism. I appreciate criticism of the judgments of the court. But some kind of norm has to be maintained if our rule of law has to acquire continued resonance”, Prasad said.

Also Watch | ‘Terrorists & corrupts have no right to privacy’: Union Minister RS Prasad

He hinted at the criticism and scrutiny of the judiciary on social media while underscoring the need to ensure complete independence of judges for verdicts to be in accordance with the rule of law.

“What is challenging is now populism is seeking to have greater accountability as to what kind of judgments there should be. I am a great supporter of social media, of freedom, it is empowering. But this is a dangerous trend. Judges must be left completely independent to give judgments as to what they think is correct in accordance with rule of law.”

Prasad said that while he welcomed dissent and populism, a problem arises when the biggest flag-bearers of populism are those who have been rejected by the people in elections.

“In a democracy we welcome dissent and we welcome populism too. But we have a problem when populism impinges upon well-settled Constitutional principles. Populism also becomes a problem when those who have been rejected in the popular mandate become the biggest flag-bearers of populism”, he said.

Prasad emphasized that as per the constitutional scheme, governance must be left to those elected by the people of India to govern. They have to be accountable but only to the Parliament, judicial decisions and also to the people after elections, Prasad said.

Besides, the law minister also broached the subject of privacy in the digital era. He said that though the right to privacy has been declared a fundamental right by the landmark 2017 Supreme Court verdict (Justice KS Puttaswamy v. Union of India), the court itself has said that the right is not available to terrorists and the corrupt.

“Privacy has been held to be a fundamental right and we appreciate that. The Supreme Court judgment has become a beacon globally. It is a wonderful judgment (which) says that privacy flows from article 21 – the right to life. But our courts have also stated that terrorists and corrupt have no right to privacy”, Prasad said.

Prasad underscored that while dissent and criticism are welcome, it should not affect the identity of India.

“Speak your mind, be critical, ask questions, but it all should work in a manner that the identity of India as a country continues to remain strong”, he said.

SC judge Justice Arun Mishra heaps praise on PM Modi

Supreme Court judge Arun Mishra, who delivered the vote of thanks at the inaugural ceremony of the international judicial conference, heaped praise on Prime Minister Narendra Modi.

“India is a responsible and most friendly member of the international community under the stewardship of the internationally acclaimed visionary Prime Minister Shri Narendra Modi”, he said.

Justice Mishra said the Prime Minister was a versatile genius who thinks globally and acts locally and added that his speech will set the agenda for the conference.

“We thank the versatile genius who thinks globally and acts locally, Shri Narendra Modi for his inspiring speech which will act as a catalyst in initiating the deliberations and setting the agenda for the conference.”