This is not just about the fact that all four members of the ‘expert committee’ – set up by the court to hear from all relevant stakeholders and report – have already expressed their support for the laws and argued against their withdrawal. The problems with the court’s approach go deeper but unfortunately run contrary to its functions as an institution.
What Is the Role of a Constitutional Court in a Crisis Like This?
The SC can no doubt end up getting drawn into important socio-political flashpoints of the day, but its role in them must nonetheless relate to the legal issues involved, where it can play a judicial function.
First, it should ensure that the fundamental rights of the protesters are protected. To an extent, the court has done this here, by refusing to order removal of the protesters or set guidelines for them to follow, despite being urged to do so by a number of petitions filed before them.
Nonetheless, there have been some less-than-helpful remarks by the…
