Unlike an elephant which does not know its size or strength, the apex court knows itself pretty well. It is a different matter that it gives the citizens a fair amount of latitude. Instead of appreciating its generosity, some consider it as a sign of weakness. This is what has forced the highest court of the land to warn some governments against taking it lightly. On Monday, it asked in consternation whether it was “some kind of panchayat going on here that the states are not serious”.
The court said that they would realise that it was not a joke when the chief secretaries concerned were asked to appear before the court. The point is that the judges should not be led to a state of exasperation when they are compelled to make such orbiter dicta. Under the Constitution, the apex court has all the powers not only to decide all criminal and civil cases but also review the functioning of the other two organs of the state namely the executive and the legislature.
It can question any decision taken by the executive and review any Bill enacted by Parliament. The Constitution has given the apex court all the necessary powers to ensure that the basic structure of the Constitution is not tampered with. It is a huge responsibility entrusted to the judiciary whose autonomy is paramount. Given this background, the litigants, who are mostly the state governments, have a responsibility to obey the orders of the court in both letter and spirit.
The court grants opportunities to question its orders if they are not agreeable to the parties concerned. They can exercise the right to appeal before a larger bench or to file a review petition but that does not give them the freedom to take liberty with the court’s order. Since such warnings are not likely to be heeded by some states, the court will have to take drastic action against the wilful defaulters so that the message goes to one and all that the apex court can’t be trifl ed with.