Sunday, July 03, 2022

Why are there no checks and balances on the judiciary?

The Legal Review Power of the Supreme Court allows it to strike down any law passed by the democratically elected Legislature if it goes "against the Constitution." 

This power rests with both the Indian and US Supreme Courts. 

However, the converse is not true. 

If the Court gives a ruling that goes against the constitution, neither the Legislature nor the Executive have the power to overturn such a judgement. 

So, why does this reciprocal check and balance not exist? 

The immediate thought that came to mind was - Because the Constitution was made by lawyers! 

So, I checked who the members of our Drafting Committee were. 

And turns out, I was right! 

The members of the Drafting Committee of the Indian Constitution were overwhelmingly from the legal profession. Here they are: 

A. BR Ambedkar 

As we know, he was a lawyer and the Chairman of the Drafting Committee. 

B. Dewan Bahadur Sir Alladi Krishnaswani Ayyar

Advocate General of Madras State from 1929 to 1944. 

C. Dewan Bahadur Sir Narasimba Ayyangar Gopalaswami Ayyangar

Studied Law at the Law College, Madras 

D. Kanhaiyalal Maneklal Munshi or his pen name, Ghanshyam Vyas

Lawyer by profession 

E. Mohammad Saadulla 

To check 

F. BL Mitter

Was the Diwan of Baroda. Was later replaced by  Madhav Rao, a Legal Advisor of the Maharaja of Vadodara.

G. Debi Prasad Khaitan

Owner of Khaitan and Co - among the oldest working law firms of India. 

H. Govind Ballabh Pant 

Lawyer by education with a short stint as a lawyer. 

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