Harish Salve, in an exclusive interview, stated that the Supreme Court’s role in society is often misunderstood. He emphasized that the court is not the country’s “moral guardian” and should focus on its constitutional duties. Salve argued against overstepping its judicial mandate, stressing the importance of maintaining institutional boundaries. This perspective highlights ongoing debates about the judiciary’s role in public life.
New Delhi: Harish Salve, a prominent senior advocate and constitutional expert, discussed the inflated perception of the Supreme Court, attributing it to executive inaction.
In an exclusive interview, he emphasized that while the court occupies a significant position, “it should not be viewed as the moral guardian of the nation.“
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Salve remarked,
“Our Supreme Court has a very misplaced position in society,”
“In no other country does the Supreme Court hold such a crucial role in governance. Unfortunately, it has been placed in this position and continues to maintain it.”
He pointed out that public disappointment often arises from judgments because many people misunderstand the court’s role, stating,
“The Supreme Court does not run the country. It is not the moral guardian of Indians. Let’s be clear about that.”
Salve highlighted instances where the executive has avoided making difficult decisions, leaving them to the Supreme Court.
He referenced the December 1992 situation when kar sevaks were poised to demolish the Babri Masjid in Ayodhya. When the judge inquired about the government’s plan, the Attorney General replied,
“The forces are there waiting for your Lordship’s orders.”
Salve noted,
“This is a politically controversial decision,”
“We must either have the courage to proceed or accept that we cannot. Those are political decisions, not ones to be deferred to the Supreme Court.”
He cautioned that relying on the Supreme Court for every challenging decision creates an unrealistic expectation of the judiciary.
Salve concluded,
“If you hide behind the skirts of the Supreme Court for every difficult choice, you end up creating a court larger than life. When it makes unfavorable decisions, the narrative shifts to it overstepping its bounds. While judges should resist this temptation, the reality is that the system encourages it,”
Harish Salve is a prominent Indian lawyer with expertise in constitutional, commercial, and international law. He has held the position of Solicitor General of India and is well-known for his representation of India in significant cases, such as the Kulbhushan Jadhav matter at the International Court of Justice. Renowned for his keen legal insights, Salve often discusses issues related to judicial overreach and the changing role of courts in India.
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