ROLE AND CONTRIBUTION OF INDIAN JUDICIARY DURING COVID-19 CRISIS
Keywords:
Pandemic, Judicial Activism, Judicial Adventurism, Virtual Mode, RightsAbstract
The researcher has discussed the role of the Indian Judiciary during COVID Crisis in the country and the main focus is on the actions and responses of the Supreme Court. The COVID Crisis imposed a never imagined challenge to the entire country, its people, and the government institutions. The Central Government in order to deal with this unprecedented situation imposed
an absolute lockdown on 24 th March 2020 in the entire nation which created chaotic and havoc situation. The legal system was also affected and in order to ensure the citizen’s right access to Justice, the SC adopted a Virtual Mode of proceedings. The strict rules imposed by the Executive and the harsh and unreasonable steps of government were curtailing the basic rights and liberties of the citizens. The Judiciary has given the power of Judicial Review to keep a check on the arbitrary and unreasonable rules and actions of the government and executive, also it is the Constitutional Duty of the Supreme Court and therefore the actions taken by Judiciary in this regard have been discussed in the paper where both aspects have been shown that is where
Judiciary failed to make government accountable and then the decisions which limited the arbitrary and unreasonable power of government and executive that are appreciated by the nation. Also, the actions taken by the SC of Nepal in response to COVID-19 have been discussed in the paper. The researcher has used an analytical method in writing this paper.
References
1. Benjamin n. Cardozo, the nature of the judicial process 92-94 (1927).
2. A.M. Ahmadi, Judicial Process: Social Legitimacy and Institutional Viability, 4 S.C.C. J. v.1, 1-10 (1996).
3. (2016) 8 SCC 509.
4. ibid. at paragraphs 32 and 33.
5. Jyoti Rattan and Vijay Rattan , The COVID-19 Crisis – the New Challenges Before the Indian Justice and Court Administration System, International Journal for Court Administration, (2021), http://doi.org/10.36745/ijca.391, last seen on 25/10/2021
6. In Re: Guidelines for Court Functioning Through Video Conferencing During COVID -19 Pandemic, Suo Moto Writ Petition (Civil) No. 5/2020 (India).
7. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461.
8. Maneka Gandhi v. Union of India, AIR 1978 SC 1643.
9. M.C. Mehta v. Union of India, AIR 1997 SC 761.
10. Shayara Bano v. Union of India, 2017 (9) SCC 1.
11. Press trust of India, Supreme Court’s “Judicial Activism” Unparalleled In History, https://www.ndtv.com/india-news/supreme-courts May2020Judicial -activism-unparalleled-in- history-says-attorneyGeneral-2225652, last seen on 20/10/2021.
12. Markandey Katju, ‘Can Judges Legislate? The Supreme Court Sets the Record Straight’ The Wire (18 September 2018) <https://thewire.in/law/ccan -judges-legislate-the Supreme -court-sets-the- record-straight>, last seen on 06/11/2021
13. Alok Prasanna Kumar, Lawless Lawmaking in a COVID -19 World, Volume No.55 / Economics and Political Weekly / https://www.epw.in/journal/2020/25/law-and-society/lawless-lawmaking- covid-19-world.html / last seen on 28/10/2021.
14. Gautam Bhatia, Coronavirus and the Constitution – XXXVIII: One Year On, Indian Constitutional Law and Philosophy, last seen on 28/10/2021.
15. Alakh Alok Srivastava v. UOI, WP(C) No.468/2020.
16. Harsh Mander and Anjali Bhardwaj v. UOI.
17. The Wire Staff, SC Now Gives Centre, States 15 Days to Send Migrant Workers Back Home, The Wire (June 9 2020), available at <https://thewire.in/law/supreme-court-migrant-workers lockdown- home> last accessed on 5 November 2021.
18. Anuj Bhujwania, The Curious Absence of Law in Migrant Workers' Cases' Article14 (June 16 2020), available at <https://www.article -14.com/post/the-curious-absence-of law -in-india-s- migrant-workers-cases> last accessed on 5 November 2021.
19. Shashank Deo Sudhi v. Union of India and Ors. 2020 (5) SCC 132.
20. Jerryl Banait v. Union of India & Anr. (2020) SCC Online SC 357.
21. In Re: Contagion of Covid-19 Virus in Prisons, Suo Moto Writ Petition (Civil) NO. 1/2020; order dated March 23, 2020.
22. Sanchita Kadam, ‘COVID19: Ten most significant decisions of the Supreme Court of India’ CJP (June 3 2020) https://cjp.org.in/covid 19 -ten-most-significant-decisions of-the-supreme-court-of- india.
23. In Re: Contagion of COVID Virus in Children Protection Homes, LL 2021 SC 268.
24. Gaurav Bansal v. UOI, writ petition (civil) NO. 539 OF 2021.
25. RM Piryani, S Piryani and JN Shah, Nepal's Response to Contain COVID -19 Infection, J Nepal Health Res Council (2020) 18:128 –34, available at: 10.33314/jnhrc.v18i1.2608, last seen on 28/10/2021.
26. Iain Payne and George Varughese , Governing Lawfully in Crisis: COVID -19 and Public Accountability in Nepal , IACL -IADC Blog (26 March 2020), https://blog -iacl-aidc.org/2020- posts/2020/3/26/governing-lawfully-in-crisis-covid-19-and-public-accountability-in-nepal, last accessed on 28/10/2021.
27. Manish Kumar Shrestha, COVID-19 and Courts Sympo sium: The Active Role of the Nepalese Judiciary in Guiding Nepal’s COVID -19 Response, Opinio Juris, http://opiniojuris.org/2021/07/30/covid-19-and-courts-symposium-the-active-role-of-the- nepalese-judiciary-in-guiding-nepals-covid-19-response, last seen on 28/10/2021.
28. Nepal Constitution Article 16.
29. Nepal Constitution Article 17.
30. Nepal Constitution Article 18.
31. Nepal Constitution Article 35.
32. H.M. Seervai Essay Competition, Judicial Review in times of Crisis: Exploring Constitutional Obligations in light of Coronavirus (2021), https://www.nls.ac.in/wp- content/uploads/2021/04/Spoorthi_Cotha-1.pdf.
