Liberals will rue the day they celebrated Court's decisions

As Haldwani encroachment stay orders by the Supreme Court of India (SC) evoke various reactions from people. The ‘liberal’ lobby in India is rejoicing over this decision. However, this decision is not in solitude. Same justice Kaul’s comments on Nupur Sharma’s case saying that she has a ‘loose tongue’. But these comments on such cases and verdicts by the courts should not really excite the liberals. Why? They should look at the country from which they learn their Woke ideology, ie, the USA.

 

 

 

But before we talk about the situation in the USA vis a vis judiciary and especially the Supreme Court, let us first understand the problem that justice Kaul’s comments in the Haldwani case create. Justice Kaul now said, “we must look at this case from a humanitarian angle.” This basically means that the SC judges will look at the cases from a humanitarian angle instead of a legal basis of it. This means that a Supreme Court Justice himself does not believe that the legal system in India, based on which the judge has to pass the judgments, is humane enough. This implies that Justice Kaul believes that his job is not to follow the law as per the constitution but to make laws that he thinks are ‘humane’.

 

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This is a classic case of legislating from the bench. This comes from a long line of liberal judges in the US. The most notorious from the Republican POV is the Warren Court period. Justice Earl Warren who was appointed by the Republican president Eisenhower in 1953, was a liberal judge, as the republican party was a liberal party at that time and the Democrats used to win the historically, pro-slavery south. So justice warren started giving landmark decisions like Brown vs Board of education, Miranda vs Arizona, Loving vs Virginia, etc. He gave these liberal decisions (which were obviously good decisions, without a doubt) when the country was not liberal. He gave all these decisions when the USA was a far more racist and far more white supremacist country than it is today.

 

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Interestingly enough though, as the attorney general of California in 1938, he supported and was a firm proponent of, the forced removal and internment of over 100,000 Japanese Americans during World War II. He was with public opinion and did not oppose it even when the move and the decision was a blatantly racist one. At that time, the Republicans were crying about judges being biased and not following the law. They vowed to change this scenario when they get into power. That is what they did. After 1980 when the Republicans under the leadership of Regan came to power they started appointing conservative judges to the court. Now the Democrats started crying about the judges being biased and alleged that the judges are following the constitution literally even though the country has changed in the last 200 years. In 1987, President Regan tried to appoint Robert Bork as the Supreme court justice when the Democrat-controlled senate did not allow this appointment to take place. The then-new senator and current leader of the Republican party in the Senate, Mitch McConnell had said, “You (Democrats) will rue the day you opposed this appointment simply because you had the majority.” Lo and Behold, after 2014, when Republicans got the majority in the Senate, they did not allow President Obama to appoint any judge to the USSC, and ironically, McConnell was the majority leader at that time.

 

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Now, in India, when the will of the people, represented by the elected members of the Lok Sabha is on one side, the SC judges appointed by a completely opaque Judicial appointment system are trying to uphold the liberal front against the so-called “dictatorial government”. This for the liberals is the last hold they have to power as the electoral power is slipping through their hands with each passing election.

 

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But this is the time when Indian liberals should learn from the West and remember the words McConnell said to Democrats in 1987. The appointment of judges will change, judges on the bench will change, and if liberals are celebrating the verdicts by the liberal judges, then they will rue the day when there will be judges they don't like, the judgments passed by them they don't like, and remarks made by them which they don't like. This is why an unelected body of the government such as the judiciary should never deviate from the constitution and the laws made by the legislature. This is why the judiciary should refrain from making loose remarks like ‘loose tongue’. Otherwise, as former Union minister Arun Jaitley once called it, it would be the ‘tyranny of the unelected.’ Surely, ‘Liberals’ do not wish that.