Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

may be that until the recent mass movement against corruption, only socio-


economic inequalities were at the core of the political agenda and thus attracted


the attention of politicians. The dysfunctional response of the executive and the


legislature when handling corruption and environmental pollution has provided


the judiciary an opportunity to fill this vacuum and occupy centre stage:


the Supreme Court in particular has presented itself as an institution that has


low (if not zero) tolerance of corruption and environmental pollution.


iv. conclusion


This chapter has offered a critical review of the most salient constitutional devel-


opments that have taken place in India in the twenty-first century. I have tried to


show how the post- 2000 constitutional developments can be seen as a response to


the three challenges faced by India: socioeconomic inequalities, governance gaps


and environmental pollution. The executive, the legislature and the judiciary have


responded to these challenges in different ways. Whereas the judiciary has directed


its attention to tackling governance gaps and environmental pollution, the other


two wings of government have primarily focused on removing socioeconomic


inequalities. In the absence of noble constitutional values trickling down to the


formulation and implementation of laws and policies, the judiciary has sought to


‘wipe every tear from every eye’. In that process, it has ended up becoming an all-in-


one governance institution tasked with ruling the country on a day-to-day basis.


This course is not only unrealistic but also constitutionally impermissible and


indefensible in a democracy. Rather than continuously usurping the power of the


executive and the legislature, the Indian Supreme Court should help in infusing


accountability in these vital institutions. At the same time, both the legislature and


the executive should discharge their constitutional obligations more seriously.


366 Deva

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