DEAR COURTS, POLICY MAKING IS NOT YOUR JOB
Mukesh Devrari Courts must not cross constitutional boundaries? Courts and legislature, let me put it properly, judiciary and legislature have two different roles to play. Making policies for the nation and citizens is the task of the legislature. It is the job of our higher judiciary to check whether the laws, rules and executive orders are compatible with the provisions of the constitution. Policy formation is not the job of the judiciary. Two decisions recently highlighted this problematic trend. Supreme Court ordered that national anthem will be mandatory in Cinema Halls. If citizens do not stand up as a mark of respect, then they can be punished. They may face a jail term up to three years. In a mature liberal democracy like India, this decision marks a low point in judicial history. In a film festival, participants watch many movies. They will have to stand every time the new movie starts. That’s the first thing. Second, these films what Sunny Leone and her films...