Refining Democracy: Independence of Judiciary

July 21, 2009

Refining Democracy:
Independence of Judiciary.
By T.S. Khanna

Our Democracy requires independence of judiciary but our Supreme Court is gradually becoming a powerful political institution.

Since the early 1970s, with the rising demand of civil liberties, the nature of cases arriving at the US Supreme Court have been involving alternatives with severe disagreements in the diverse US society. Such issues are abortion, same sex marriage, equal protection, and others.

The setting of such issues is political, with each party supporting the opposite outcomes.

Further, the wordings of the Constitution is general and not clear enough to guide or constraint the judgment of sitting justices resulting in precedents of opposing judgments on the same issues.

The Constitution incorporated the selection process for judges to maintain a high standard of integrity and impartiality under the law. However, the process has been politicized. The Senate hearings indicate that each time each party forces the installation of its own person.

By the time a candidate is approved by the Senate, he/she becomes bitter against the opposing party. Outwardly nonpartisan, the sitting judges get psychologically wedded to one party or the other. That is how our Supreme Judicial Institution is turning into a powerful political institution.

I suggest that:
• Our Constitution may be amended to eliminate the political influences in the selection process, like in Great Britain, or India.
• The political issues may stay out of court jurisdiction to be decided by political process. For example, abortion issue may be decided in each state only by women’s votes.