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SUO-MOTO - POWER IN THE HANDS OF COURTS
In my Previous Vedios ‘7 Steps to Rooting out Corruption from Politics’ and also in my subsequent Vedio ‘ ‘Rajasthan Crisis and the options before the Voters’. I had pointed out that the Courts should take Suo-Moto Cognizance of the Political Horse-trading in Rajasthan and had suggested that courts should take Suo Moto cognizance and order for maintaining a Status-Quo-Ante of Election Results .
Now with the Supreme Court taking Suo Moto Notice against the 2 Tweets of noted activist lawyer Prashant Bhushan, Suo Moto has again come back to mainstream discussion . So, what is this Suo-Moto? In the context of Indian Laws, it is defined as follows..
“ Suo-Moto” emerged in the late seventies through Judicial activism in order to make the judicial Process more accessible to the Poor, Socially and economically disadvantaged sections of society. Suo Moto Cases are instances where the High court and Supreme court of India using their inherent power to initiate a hearing by taking cognizance of any matter on its own, without anybody filing any appeal or writ Petition. It is enshrined in Article 32 and article 226 of the Indian Constitution which enables the Supreme court and high court respectively to issue any directions to do or refrain to do an act. By virtue of these 2 articles and also the emergence of Public Interest Litigation has allowed these courts to take up Suo-Moto cases. The Rationale of such actions also draws upon the desire of the Courts to broaden the reach of Justice to those who might not be able to access the Courts’
From the above we can see that Suo Moto was conceived to deliver justice to the common man who may not have adequate access to courts
The Power of Suo Moto enables the Courts to take up any Public Interest issues even without a writ petition, where the Judiciary feels that the Constitution is not being followed in letter and spirit and the Democracy is under Threat . The question then comes to our mind is .. if Judiciary is so Powerful why Suo Moto was not used in some of these Public Interest instances such as .
1) The Widespread Public Protest against Passage of the CAA Bill
2) Toppling of Various state Governments through horse-trading such as in Goa, Manipur, Karnataka, Uttrakhand, Madhya Pradesh and further attempted in Rajasthan which negates the very purpose of holding Elections
3) Government Announcing a strict Covid Lockdown without discussion or anticipating the hardship being thrust on the Student community and Migrant Labours. .
4) Action against Prominent Hate Mongers whose speeches have lead to Hate Mobs carrying Lynching and Rioting, thereby leading to loss of Lives and Property.
5) Action against Mainstream TV News channel for suppressing information on Governments Developmental Projects and utilization of Public funds
6) Action against States for Enacting Anti-Labour Laws which goes against the International Labour Law guidelines
7) Question the Election commission on the following issues
i) Not Providing equal opportunity to citizens from the Economically and financially Backward Classes to stand for Elections
8) Public debate on the Issue of Inequality in the 3 Pillars of Democracy that is the Legislature, Executive and Judiciary
It may be Noted that Judiciary enjoys wide ranging Powers under the clause of Sumo Moto which can be effectively used to question the Government and to keep democracy in check.