Amna Mirza reviews the book Indian Judiciary and Politics - a Changing Landscape. Edited by B. D. Dua, M. P. Singh and Rekha Saxena, the book presents the attempt by the judiciary to address the incompetencies of the legislative and executive and the reaction by the executive and the legislative bracnhes of the Indian state.

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Judiciary has become an over-arching public institution in the Indian Political Domain since the post- emergency phase. The space vacated by inefficiency, gigantic corruption, maladministration, lack of political will by the executive and legislature is being taken over by the judiciary. From judicial activism in Golaknath Case (1967), to judicial restraint propounded by the ‘Basic Structure’ doctrine in the Keshavananda case (1973), to the present scenario where we find plethora of Public Interest Litigations (PILs), there has been have criticism as well as supporters of role of judiciary. The supporters argue that the judges are performing their role of preserving the sancticity of the Constitution from being eroded by the executive and legislature. The other side of the camp uproars that the judges are transgressing their limits and undermining the scheme of division of powers, and indulging in populism.

In the context of this heated debate, we find an interesting book “Indian Judiciary and Politics- The Changing Landscape. ‘ It is a good compilation of contributions by well known scholars, lawyers, academics. The scope of topics covered is vast, which includes judicial activism, judiciary and ecology, secularism, parliamentary institutions, central executive, judicial reforms.

Douglas Verney gives a good comparative insight upon judicial review in Anglo American and Commonwealth trdaitions and finds it in tandem with principles of liberal democracy. Rajiv Dhawan captures the genealogy of evolution of judiciary’ changing role since 1950s and finds the present day government as ‘transforming from executive-driven’ to ‘judiciary driven’. Prashant Bhushan critically analyses the role of PILs under the neo-liberal regime and analyses the courts verdict neglecting the plight of poor and vulnerable.

Part II of the book caters to the articles on judiciary and ecology, Subhendu Rajan Roy focuses on role of Supreme Court in enforcing CNG in Delhi, John. R.Wood draws attention to how the court set precedent in Narmada River Dams Controversy by not allowing PILs to degenerate from catering vested interest.

India is a multi-religious society and healthy co-existence of different religions would need an impartial arbitrator if disputes arise over plurality in beliefs. C.P.Bhambri applauds Indian judiciary for maintaining the secular fabric of polity by its involvement in Best Bakery, Babri Masjid Demolition cases. This could be seen as nullifying the effects of right wing conservative onslaught.

M. P. Singh points to a big lacuna in our parliamentary system and highlights a case for codification of parliamentary privileges subject to judicial review. An apt argument comes here that since the area of operation of parliamentary privileges has not been defined in positivistic legal terms, it leaves scope for arbitrariness. To check it, codification of parliamentary privileges and being subject to judicial review, is an interesting case study in dynamics of Indian Politics. B.D.Dua captures the increase in judicial powers due to transition from single party system to multi party coalition era. He holds that judicial commission to look into appointments as recommended by NCRWC- National Commission to Review the working of the constitution, should be made more inclusive in terms of membership.

73^{rd and 74th} constitutional amendment gave constitutional status to Panchayats and municipalities yet the act remained Achilles heel in the Indian political system. George Mathews appreciates the judiciary in sustaining the local self government institutions yet finds it complacent with reference to cases dealing with article 243.

An interesting change in tenor comes up with the writings of Rekha Saxena, who cautions us against the ‘over-burdening’ of courts due to several PILs. She makes a compelling case for the need to strengthen intergovernmental mechanisms to negotiate Centre-State disputes. This seems mandatory for harmonious growth of centre-state relations in a federal polity. It will provide a new platform for dispute resolution without knocking at the doors of court . She makes an interesting study with reference to the treaty making power and its impact on centre-state relations. S.K.Verma analyses the challenges that judiciary needs to meet in quest to reform itself like delay, lack of accountability, transparency, pending cases etc.

However we need to realize a larger problem at hand in our political system which is of implementation. Will the Parliament take the onus of codifying Parliamentary Privileges? Why are we not focusing on the executive and legislature to reform, which if done once, will do away the need for judicial activism? What about the social movement which have come up due to negligence of state in to welfare? Is market more effective that the state as the problems that plague executive and legislature- delay, greed, corruption, nepotism, are found in judiciary as well? What is the option for common man in a universally enfranchised polity like India amidst such chaos?

To conclude this book is invaluable to comprehend the nuances of change in Indian judicial paradigm. Indeed, its comprehensive coverage further raises issues for academics, lawyers, scholars to probe further.

- Amna Mirza is a guest lecturer at the Department of Political Science at Zakir Hussain College, Delhi University. 

This book is published by Manohar Publishers and Distributors, 4753/23 Ansari Road, Daryaganj, New Delhi 110002.