Supreme Court Disdain for Political Parties is Misplaced
Disregarding a petition because it has been moved by a political party is miscarriage of justice
Supreme Court Disdain for Political Parties Is Misplaced
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Supreme Court Disdain for Political Parties Is Misplaced
This is not behind a paywall
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Dear Democratic, People's Editor,
First and foremost, looking at the injustices committed under the leadership of CJI NV Ramana through the Court of Law/The Supreme Court of India, I would say that the CJI has no respect and sensitivity for the universal need for humanity to care deeply and work cohesively supporting the conditions of peace and justice for each human life of dignity and worth. CJI's thought process is reflected in the unfairness of the judgements delivered by 'The Supreme Court of India'.
As a democratic, progressive thinker, educator, moderator, discussant, Writer-Opinion Editor extraordinaire and a tall leader in the world of Journalism, once again you have highlighted great injustice in the fact through series of examples with a convincing bold head and subhead, introductory paragraph describing the significance of 'Shaheen Bagh and how it came into existence' explaining validity of PIL filed by a political party questioning the miscarriage of justice to 'The Supreme Court of India'.
By revisiting a series of old opinions on democracy and functioning of courts that engage with some of the central questions you'd raised earlier and now this narrative argues how, 'The Supreme Court of India' has derecognsied the right of political parties in a representative democracy to fight for injustices committed by the State against subalterns/minorities having myopic thinking and parochial attitudes'. The description with examples clearly states that 'The Supreme Court of India' doesn't understand the lived experience of subalternity and valid reasons for empowerment of subaltern and purports ways in which legal discourse obscures the mediating agency quite openly and shamelessly - For Shaheen Bagh and its residents.
Next description relates to the qualifications of political parties enumerating how 'The Supreme Court of India' aims to disavow subaltern consciousness. It further adds authenticity into the picture discussing the role and importance of its capacities to procure judicial intervention as a mediary agency for the subaltern and denial of justice for the cause of access to choice of survival, economic-social security, and equally importantly, political participation of subaltern populations through a political party. Examples provide straight answers with serious questions to the same context ie; high purchasing power of industrialists with power equations at play and subaltern's unaffordability for hiring capable lawyers.
Last but not the least, this paragraph points out the dominant narrative in the lived experiences of the majority and the affluent populations in a democratic country - How the State and law favours the affluent classes and regularised unauthorised encroachments like the posh 'Sainik Farms' and many more, and how the same State is determined to demolish Shaheen Bagh, and not regularise it. Rightly put, 'Modi-Shah duo's announcements in 2019' draws attention towards silences and caesuras of the elite narration of subalternity in 2022 answerable to the centraility of this question.
This opinion has explored and exposed the experiences of injustice delivered by 'The Supreme Court of India' and oppression of the State against minorities. Considering the importance of subaltern in a representative democracy, the political party's PIL should not only be allowed a hearing in the High Court but this judicial intervention must end in delivering justice for the subaltern, avoiding unique complications creating a constantly changing at-risk population of India. Be it Delhi or any other State/UT of India.
When unauthorised construction proved beneficial to the elite, what stops 'The Supreme Court of India and The High Court of Delhi' to alter the brunt of worsening inequality and the exploitation of subaltern ignoring laws related to local-participatory governance and policy-making in world's largest democracy and second most populous country after China.
Credible opinion must wake up the powers that be in the State of Delhi and Justices/Bench in The High Court of Delhi and the Supreme Court of India. Time to affirm the subaltern and restore representative democracy enumerated by you in several opinions, cursor columns and news articles in the last three years from 2020 to 2022. I'm not even counting your opinions from pre-pandemic times. Thank you so very much for representing the subaltern/minorities in a representative democracy.
#actionableopinion #questioningthepwoersthatbe #questioningthejudiciary #questioningtheunfairnessofthesupremecourt #questioningthemiscarriageofjustice
Best regards,
Vandana