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While there is a clamour for reforms, a vital question remains. If the power to do things is subject to a law made by Parliament and it does not do so for 75 years, is the Supreme Court justified in disturbing the constitutional machinery in place?

In the recent past, several eminent, reformist political thinkers have been urging the judiciary to call out the Constitutional sins of the executive branch of the government. Prominent among them is Padma Bhushan and Magsaysay awardee Arun Shourie. Last month, in a well-publicised TV interview, this intrepid scholar-journalist-politician called upon the Supreme Court “to behave as if it’s at war in defence of the Constitution”.

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