Politicization of the Highest Court in United States and India Weakens Their Respective Democracy.

Shahabuddin Khaled Chowdhury & Alamgir Apu

শেয়ার করুন

Two recent judicial verdicts of the Supreme Court of United States of America and India created a serious anxious and unending vociferous debate about the unwanted role of judges in Politicization of the sacred Judiciary of the two biggest democracies of the world whose existence are the most essential in the world because of constant hurdles the democracy is facing all over the world. Both United States of America and India undoubtedly, are the most ideal models of democracies with unrestricted and absolute unfettered freedom of speech along with other fundamental rights and freedom necessary in a democratic country. Those who are well conversant with existing and necessary democratic values and maintain those regularly are of the opinion that these Supreme Court verdicts are bound to have future implications on the future of democracy all over the world as the disputes involved both religion and politics.

Among the two Supreme Court’s verdicts, one was announced by the Supreme Court of United States of America. Nearly half-century old ruling which had provided women reproduction freedom reversed which shocked the majority American conservatives and anti-abortion Christians. Indian Supreme Court has given Prime- Minister Narendra Modi, a clean chit during anti-Muslim riots in 2002 in Gujrat while he was the Chief Minister of Gujrat.

Interestingly severe criticism of U.S Supreme Court’s judgement allowing states denying rights of women to terminate their pregnancies came from within Judicial bench when three dissenting judges stated that majority’s decision undermines the legitimacy of the Court. Even leading newspapers published editorials with all seriousness questioning Politicization of the highest court under serious critical headlines.

“The politicization of the Supreme Court in eroding completely its own legitimacy” undoubtedly people with all seriousness felt that Justice is not being served properly as Justice demands. It was not only a scary situation for the highest court but it was also definitely so for American democracy which made America a virtual leader of the democratic world. Popular American columnist Max Boot excellently wrote in Washington Post, “Everyone knows that the founders were afraid of tyranny of the majority. That is why they built so many checks and balances in the constitution what is less well-known is that they were also afraid of the tyranny of minority”. This view is certainly expected because Gallup poll conducted after the draft of the Supreme court decision of abortion rights was backed and 55 percent Americans now consider themselves as being pro-choice.

In the meantime, Canada’s President Justin Trudeau and British Prime- Minister Boris Johnson properly acknowledged global concern about how the verdict will impact others around the world.

The U.S secretary of state Anthony Blinken issued an unusual statement on a domestic legal issue where he said, Today’s decision has raised understandable questions and concerns across the world. He also promised that this administration would remain fully committed to provide access to productive health services and reproduction rights around the world.

This political wrangling over this issue particularly in the U.S.A is unlikely to end any time soon. Therefore, political elements are of the opinion that the midterm elections in the U.S will be more acrimonious and as a result American political situation will be dangerously divisive also.

So far as India’s position is concerned, the verdict delivered by the Supreme court of India is also almost same. The new observation also indicates that the court wanted them to be punished immediately. So, the total results were predictable and quick. Gujarat police has already taken quick actions in this regard. Police already arrested Teesta Setal Vad and the former police official Sree kumar. Right groups have termed Setal Vad’s arrest as a reprisal and it also sends a necessary message to the civil society for shrinking further the space for dissent in India.

Highly educated class of India criticized this position of the highest court in a serious language. One of the most respected and re known Professor Mr. Apoor Vanand of famous Delhi University said, “What the present Supreme court has done is unpardonable. It has made the victims of the alleged state sponsored violence lonely”.

It is really a misfortune for the billion and billion people of the world who believe in real democracy, are becoming hopeless as well as helpless. Saint Thomas observed, “If the highest aim of a captain were to preserve his ship would keep it in port forever.” The sea may be Stormy, but conflict is the mother of creativity without risks there will be no failure. But without risks there will be no success, and we should never be discouraged by failure.