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After reading the example of the reservation order, three stud... - Democratic Politics
After reading the example of the reservation order, three students had different reactions about the role of the judiciary. Which view, according to you, is a correct reading of the role of judiciary?
a Srinivas argues that since the Supreme Court agreed with the government, it is not independent.
b Anjaiah says that judiciary is independent because it could have given a verdict against the government order. The Supreme Court did direct the government to modify it.
c Vijaya thinks that the judiciary is neither independent nor conformist, but acts as a mediator between opposing parties. The court struck a good balance between those who supported and those who opposed the order.
b (Anjaiah’s view).
Reasons:
Independence: The judiciary is independent because it is not under the control of the legislature or the executive. The fact that the Supreme Court could review the government's order proves its independence.
Power of Judicial Review: The Supreme Court has the power to determine the constitutional validity of any government order.
Power to Modify: In this case, the Court did not blindly follow the government; it directed the government to modify the original order by excluding the 'creamy layer' (well-to-do persons) from the benefits of reservation. This shows the court acted as a guardian of the law.