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Recently, Dushyant Dave asserted that the Judiciary should have intervened effectively in the early days of the lockdown, to ensure that it was conducted in an organized and just manner. It is incomprehensible to believe that the Prime Minister could take a decision for the whole Country in just 4 hours. The judges should have realized that the citizens were helpless. The sudden decision taken by the Government was arbitrary and hasty. Judges should have at least told the Government to wait for 7-10 days of initiation of the lockdown.
The labourers and the poor people were left devastated. They may have contacted the virus. The decision to move back to the villages would transmit more diseases. In the villages, there are no adequate employment, proper health facilities, and infrastructure.
The Judiciary cannot just sit down and assume that all the decisions of the Government will be welfare-oriented. A Timely check on actions could have resulted in few sufferings. The judiciary and the executive should coordinate with each other in this democratic Country. The step of demonetization was left unchecked in 2016 and the same mistake has been committed today.
The rationality and the logic behind the decisions have to be taken into consideration. The effects of such decisions leave a huge impact on the Country. Till now, the economy has not been able to revive because of demonetization. The Constitution is supreme and no one is above it. The Executive is not immune to the Judicial review. The Bar Associations play an important in the Judicial System.
Indispensable Role of Lawyers in the Judicial system
The Collective voice of the Bar plays a strong role in addressing the problems of the individuals. The Bar must be equivocal and courageous to enforce the rights of citizens. The Judiciary and the Executive must be pushed to provide remedies. Millions of migrants have been left aggrieved. The Bar must motivate the young and deeply sensitive lawyers towards the current issue. If employees are not given wages amidst this crisis, then lawyers should assist them in upholding their rights.
The Executive is not solely responsible for enforcing rights. It has certain limitations. It creates responsibilities for the Bar associations. The Bar must sensitize the Judiciary to pressurize bad elements and expose them. Interactions and PILs are essential components. Moreover, the Judiciary should resume its functions. Some Techniques have to be devised to provide justice to more and more people without crowds and wastage of time. The Rule of Law should not be passive.
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