JUDICIARY: A POWERFUL ORGAN STANDSTILL IN THE SITUATION OF COVID-19

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The Author of this blog is Ms. Muskan Tandon of College of Law and Legal Studies, Teerthankar Mahaveer University, Moradabad

It seems yesterday when Indian citizens were startled and troubled while looking at the sufferings and helplessness in the countries like Italy, Brazil, Spain, etc, unaware that soon the conditions are going to replicate in our country. Where, today India stands globally in the third position, having the highest number of covid-19 patients in the country[1]. Subsequently, India is facing a situation where major organs of the country have ceased to function. The industrialists of the constitution have failed in the mechanization of major organs of the state. Therefore, the total breakdown of the system.

Where the country is facing an extreme challenge to its existence both physically and economically, the parliamentary function of the state is at a halt. The judiciary is in a state of stupor. It is only the executive who is trying to fulfill all its functions. As a result of which executive holds the major key leading to functioning or malfunctioning of the state under its control.

Above other reasons that make India suffer today in the critical situation of the global pandemic is when our authorities choose theatricalness over governance[2]. While assessing over the seriousness of the prevailing condition in the country, we can see that India is struggling over various matters but what makes the circumstances worst is the terror-struck condition of migrant workers and a poverty-stricken class of people. Where the apex court of the country is in charge of protecting various rights of the workers, the court has failed in doing so. The judges on the bench have ignored in entertaining the applications of the workers migrating to their villages. Subsequently, the judiciary has failed in justifying the impotent section of the society[3].

Although it would be unreasonable to debate on the government workings in such times of critics but in the absence of it, we may lose some noteworthy behind and operations unchecked. Though the government had put its efforts into doing well for the country but has somewhere caused the converse reaction. The controversies in the government system have resultantly caused difficulty for poor citizens of the country. This not only questions various organs of the state but also on the living document of the nation. The lawmakers have considered Article 32 as principal and fundamental provisions of the Indian constitution which provides the right to every citizen to move directly to the Supreme Court in case of violation of their fundamental rights guaranteed under the Indian constitution. The censorious acts of judiciary bring people of the country to mourn. When appeals were made before the apex court during the early lockdown period in pursue of free transportation for migrant workers, the court left the decision to be taken by concerned states. In this regard, the Supreme Court remarked – that it is difficult for the court to keep a track of who is walking and who is not walking. Many other applications seeking minimum wages for the workers were dismissed by the court where judges made insubstantial statements. The disheartening state of migrant workers might not sound one-off in our nation but some horrifying incidents have through light on the poor section of the state. The Supreme Court is considered as the supreme judicial authority across the globe. It often serves as the final interpreter of the Indian constitution and the highest court of appeal. The apex court over the years has maintained its name, thereby standing by its obligation and performance through judicial actions. But the apex court has failed to manifest the same ardour towards poor migrant workers[4].

The mega mission tilted “Vande Bharat" was launched by the central government to bring back the Indians stranded overseas[5]. But where did this passion and enthusiasm fail in the case of migrant workers? The writ petitions that were made before the Supreme Court seeking direction to help migrant workers, initially central government was brought in question to answer and explain the steps taken to help these migrant workers reach their native villages safely. Consequently, in later hearing, authorities failed to shadow light on poor workers who were forced to pay money for their tickets. And the law officers had no answer to the question on who was bearing those traveling expenses.

Howbeit, the three wing of the government (judiciary, legislature, and executive) have failed in maintaining balance to run the nation. The judiciary and the parliament have been silent spectators to the suffering of the citizen while the nation was left in the free hands of the executive. The rate of bemoaning incidents recorded or "not recorded" has crossed the expectations. Avoidable numbers of death, high rate of unemployment and serious damage in state's economy has still not opened the eyes of ones who are constitutionally obliged to protect us and safeguard over legal as well as constitutional rights. The odd conduct of the judiciary and government during such time of difficulty is quite bewildering[6]. 

The judiciary just cannot exonerate themselves for their faults, their silence and inactions cannot be pardoned when the nation is bleeding in pain. The world today faces the worst phase of the century and for the purpose, no one can be blamed identical. The steps taken by the governments and restrictions in the movement were necessary to handle the situation. But as a democratic nation, each should raise their voice against the vague silence of judiciary and inactions of parliament. At least the members of organs can work as living angels for the society. There is no true source that tells us as to when this pandemic ends, but until it ends the necessity and role of the judiciary are going to be indispensable.


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