Opinion | Populist impulses and a question of judicial overreach
For its own sake, the judiciary in general would be well advised to follow standard procedures and refrain from delving into issues that are beyond its field of expertise
Apart from independence from politics, the judiciary also needs independence from popular interest." These prophetic words were asseverated by former Chief Justice of India (CJI) S.H. Kapadia. Going against this touchstone of the rule of law, a large number of judgements appear to have reinforced local populist narratives in India. In one such instance recently, justice S.R. Sen of the Meghalaya High Court said in a ruling that “political leaders were too much in a hurry to get the independence... thus creating all the problems today" and “India, since [it] was divided on the basis of religion, should have also been declared as a Hindu country".