The Supreme Court of India is the only institution that people can turn to when the state abuses its power. But Justice AP Shah thinks it will have to go beyond playing saviour and make sure it becomes a sentinel of the Indian Constitution.
“The value of a judiciary is measured by its fidelity to the constitutional scheme birth it,” Shah, former Chief Justice of the Delhi High Court, said while delivering the Fourth LC Jain Memorial Lecture. “Instead of pointing outwards, I think the courts should be self-reflective and should ask whether the institution itself is loyal to the spirit of constitutionalism.”
Justice Shah said that the currently the Supreme Court's approach is “more executive-like than the executive itself”. He called for the apex court to recognise the mistakes it has made and issue course corrections.
I believe it is for the Supreme Court as the custodian of the Constitution and the ultimate protector of our fundamental rights to decide whether or not it deserves the constitutional faith that the people of India repose in it, and whether or not it lives up to these expectations. The right answers will lead to the Supreme Court retaining its status as one of the world's powerful democratic institutions.Justice AP Shah, Former Chief Justice, Delhi High Court
Watch the full lecture on “Fighting For Freedom: Supreme Court in the 21st Century” where Shah revisits some of the top court's recent decisions.
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