Upholding the Constitution

(MainsGS2: Separation of powers between various organs dispute redressal mechanisms and institutions.)

Context:

• The Supreme Court judgment in the Media One case ( Madhyamam Broadcasting Ltd Media One Headquarters v. Union of India and Others) is a landmark judgment on the freedom of expression and a judicial fiat against sealed cover malpractice.

Pronounced judgment:

• In Anoop Baranwal v. Union of India, SC took away the power of appointment of Election Commissioners from the sole domain of the executive and directed the constitution of a committee comprising the Chief Justice of India, the Prime Minister, and the Leader of the Opposition to select them. 
• In the past, many constitutional principles were developed by the court when the matter was either infructuous or had mere academic value. 
• In the Media One case, the court directly confronted the Centre, which unilaterally cancelled the licence issued to the television channel citing “national security,” and directed it to renew the licence. 
• It considered all the major doctrinal issues such as the right to fair hearing, proportionality standard and public interest claims and issued directives to the Centre in concrete terms.

Methods to destabilise judicial systems:

• In Israel, the present mass movement is predominantly against Prime Minister Benjamin Netanyahu’s move to meddle with the independence of the judiciary. 
• In Bolivia, judges have been arbitrarily dismissed in the last few years. 
• In Poland, by lowering the retirement age of judges, the regime sent out older judges and inducted new persons who are loyalists of the government. 
• The executive in India delays making judicial appointments as suggested by the collegium.

Conclusion:

• The court can only put forth a judicial or constitutional check against a State and cannot pose a political check, which can only happen by way of mass movements or electoral decisions, for instance, the apex court rightly dismissed a plea by Opposition parties, which alleged arbitrary use of central probe agencies against them.