Former Orissa High Court Chief Justice S Muralidhar, renowned for his illustrious career in the Indian judiciary, has sparked a significant debate by asserting that politics and judicial functioning are becoming increasingly intertwined. Speaking at a panel discussion during the launch of Gautam Bhatia's book, 'Unsealed Covers: A Decade of the Constitution, the Courts, and the State,' Justice Muralidhar expressed his views on how judges sometimes make political choices while dealing with what appear to be legal issues.
Justice Muralidhar emphasized that many cases presented to the courts are, in essence, political matters dressed up as legal disputes. He noted that judges may perceive themselves as neutral, but the evolving landscape is forcing them to make political choices, often in the public eye. This shift towards intertwining politics and the judiciary raises critical questions about the separation of powers and the role of judges in interpreting and shaping the Constitution.
The former Chief Justice praised Gautam Bhatia's book for providing an insider's view of the courtroom, highlighting the adaptability of the judicial institution over time. He commended Bhatia for his candid and open expression of views, a freedom not always enjoyed by legal correspondents who must navigate accreditation systems and editorial policies. Bhatia's book, according to Justice Muralidhar, offers a refreshing perspective on courtroom proceedings, unburdened by the constraints faced by traditional legal reporting.
Moreover, Justice Muralidhar acknowledged the challenges faced by legal correspondents, such as stories getting shelved at the editorial stage and selective information leaks that can lead to biased reporting. Bhatia's book, in contrast, sheds light on the intersection of politics and judicial decisions, revealing where judges stand on various issues.
One of the book's significant achievements, Justice Muralidhar argued, is its identification of the 'definitive positions' held by judges, who increasingly find themselves making political choices while addressing legal and constitutional matters. Issues like the Hijab case, food choices in Lakshadweep, and flag displays in temples are indicative of how politics and the judiciary are intertwining.
Justice Muralidhar concluded by acknowledging Bhatia's unique perspective and the freedom he enjoyed while writing his book. He emphasized the importance of publications like 'Unsealed Covers' that aim to reveal the truth about the law and its intersection with politics. This, he noted, is a task that must be urgently undertaken in the evolving legal landscape.
In a world where the lines between law and politics are becoming blurred, Justice Muralidhar's remarks highlight the need for a deeper examination of the role of the judiciary in shaping political outcomes. Bhatia's book provides a valuable resource for those seeking to understand this complex relationship and its implications for the principles of justice and democracy.
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