Globalisation blinds us to aam aadmi plight: SC
In unusual self-criticism, the Supreme Court said today that courts, including the “last court in the largest democracy of the world”, have lost sympathy for the common man in pursuit of the “attractive mantras” of globalisation and liberalisation.
A Division Bench of Justice G S Singhvi and Justice A K Ganguly, in two separate orders, cautioned judges of the Supreme Court and Constitutional courts that there will be “precarious consequences” will visit the nation if they dilute constitutional imperatives to promote the “so-called trends of globalisation”.
Both judges passed their orders on January 5 in an appeal filed by Harjinder Singh, a retrenched worker with the Punjab State Warehousing Corporation, who had challenged the Punjab and Haryana High Court decision to pay him Rs 87,582 as compensation instead of re-instating him with 50 per cent back wages.
The judges set aside the High Court order and called for his re-instatement with 50 per cent back wages and cost of Rs 25,000.
Justice Ganguly quoted Rabindranath Tagore in his order when he described the “eventualities which may visit us in our mad rush to ape western ways of life”.
His brother judge on the Bench, Justice Singhvi, observed how he had noticed a “visible shift” generally in the courts’ approach in dealing with cases involving the interpretation of social welfare legislation like the Industrial Disputes Act.
“The attractive mantras of globalisation and liberalisation are fast becoming the raison d’etre of the judicial process and an impression has been created that the constitutional courts are no longer sympathetic towards the plight of industrial and unorganised workers,” Justice Singhvi said in his order.
Justice Singhvi said a large number of cases end up with the workmen being denied any relief from judges, who readily accept the justification employers give about such “illegal retrenchments.”
“Judges of this Court are not mere phonographic recorders but empirical scientists and interpreters of the social context in which they work,” said Justice Ganguly.
“I am in entire agreement with the view of my Lord Brother Justice Singhvi about a disturbing contrary trend which is discernible in recent times and which is sought to justified in the name of globalisation and liberalization of economy,” said Justice Ganguly.
“Our Constitution is primarily shaped and moulded for the common man. It takes no account of the ‘portly presence of the potentates, goodly in girth’. It is a Constitution not meant for the ruler, but the ranker, the tramp on the road, the slave, the man with too weighty a burden, too weary a load,” said Justice Ganguly, quoting eminent jurist N A Palkhivala.
Justice Ganguly said the “ditches” created in the society by the advance of globalisation can only be overcome if “this Court makes an effort to protect the rights of the weaker sections of the society as per the Constitutional mandate”.
“Judges and specifically the judges of the highest court have a vital role to ensure that the promise (to secure all citizens justice, liberty, equality and fraternity) is fulfilled. If judges fail to discharge their duty, they fail to uphold and abide by the Constitution which is their oath and office... Judges of the last court in the largest democracy of the world have a duty to articulate the Constitutional goal,” the Bench said.
Source: Express India
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