ABSURD PHASE IN SUPREME COURT'S JURISPUDENCE
CONVENIENCE HAS RESULTED IN AMNESIA OF PRECEDENTS
2020-07-09 08:58
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Either history will impinge some wise and learned thinking behind the Supreme Court’s current jurisprudence or it will term it as an absurd phase. Recent instances (see here and here) point heavily towards the latter but for the sake of our learned and wise apex court of the country, let’s assume, as Vasudev Devadasan states, that the court knows what it’s doing. That would mean, the court knows that rule of law is under threat in the country, which would lead the Supreme Court’s current jurisprudence to be in line with Andras Jakab’s suggestion on what the courts should do in such times; that courts should engage in self-restraint and not practice activism when rule of law is under threat in a country. Many would infer that the silence of the court is in line with these suggestions. Below, I argue why that is misplaced and this phase is, in fact, just absurd.