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Senior Advocate Dushyant Dave criticises SC's bleak response to the migrant workers problem
The Supreme Court has failed to deliver its constitutional duty of guaranteeing the citizens of the country their fundamental and basic rights during the COVID-19 lockdown, said Dushyant Dave, Senior Advocate and President of the Supreme Court Bar Association on Saturday. Dave was particularly commenting upon the SC's response to the migrant workers crisis, whereby it chose to acknowledge the instances of the authority and abstained from making any significant interventions. Dave was communicating his observations at a webinar organized by the All India Lawyers' Union on the point "Job of Judiciary in Pandemic". Article 32 of the Constitution, which enables a citizen to move the SC for attaining the fulfillment of their rights, was depicted as the 'soul of the Constitution' by Dr. B R Ambedkar, Dave reminded. Conveying disappointment at the SC closing a case for migrant workers government help by watching "How might we prevent them from strolling", Dave said:
"If the judges had seen their grandchild walking on the road, and suddenly saw a car rushing from the other side, would they not have tried to save the child? Every citizen of India is a grandchild of the SC of India".
"All that judges needed to do was to tell the executive that 'we are watching you. Your actions and inactions are hurting the nation, hurting millions of people. We will not allow this", he further said.
He clarified that it was not appropriate to express they should intrude in the regular working of the authority. The Constitution has isolated the constraints of each part of the State. "Judges can't sit in ivory towers and be blindfolded to the agonies of the residents of India", he said. In any case, when the authority is slumping in its commitments, when citizens' welfare is expelled in an arbitrary manner, the legitimate authority needs to step in. The Constitution has partitioned the constraints of each area of the State. Notwithstanding, when the authority is shelling in its commitments, when citizens' rights are being infringed, the lawful authority needs to play its role. Had the executive been told by the Judiciary that not even a single migrant worker shall suffer, the authority would have taken measures to ensure a better administration. The SC has slumped in its commitments, he said condemning the SC.
