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.
Views expressed by Anjaiah is correct.
In India Judiciary is independent. Supreme Court of India in many cases have given Order against the government order. In November, 1992 the Supreme Court held the order of V.P. Singh government on reservation to be valid. But directed the government to exclude the ‘Creamy Layer’ or more advanced section of the beneficiary backward classes from reserved category. The Supreme Court also held that the maximum size of all reservations together must not exceed 50 percent.
