Judiciary has been in the headlines of newspapers and have been discussed on social media platforms for quite some time now. In last decade, judiciary has expanded its function by directing executive to take actions in administrative areas. Most recent of this has been the Jallikattu ban imposed in Tamilnadu by Supreme Court. Many of us have seen it as judicial overreach and encroachment on the duties of the legislature and executive which is against separation of power.

Constitution framers have debated the same i.e. complete separation of power or a cooperation between the organs of the State. Dr. Ambedkar had supported cooperation between Judiciary and other organs so that they work in Complimentary way  with the ultimate aim of provide good governance to the people of this country. Judiciary has been fulfilling this purpose through this activism and overreach. Is it good for the people? Well may be not in every case. But is Judiciary responsible for the current state?

Jallikattu is a festival and old age tradition in Tamilnadu celebrated by the locals with full enthusiasm. It is said to have a significance in agriculture and cattle health for breeding. People have alleged that Judiciary is being insensitive to the people’s views and demand. Isn’t legislature doing the same? The festival if celebrated with tradition practices and norms would not hurt the bulls. However, as said by the SC, there were limited and rare cases of hurting the animals. In the pretext of protecting animals the ban was imposed. Only then has the executive tried to stop SC by passing ordinance. Were they trying to fool people? They know that ordinance is user Judicial Review and will be struck down by the SC. The step only strengthened the SC and divided the two organs.

Tamilians consider it as a very important tradition. So, should they be allowed? Definitely yes! As long as there are no inhumane practices involved, state should not interfere in society. Laws and constitutions are not he source of people’s rights. They are only an embodiment of collective conscience of its citizens. They guide the state as well as people. While, animal protection is important, social practices can not be banned against the will of the people without a rational and scientific argument.  

Passing an ordinance which allows Jallikattu would not help. The trust between Judiciary and the Executive has been eroded over decades. The organs should ensure rebuilding of the trust and communicate with each other about these solutions. Why hasn’t the executive gone to the court in whole one year about legislating on the issue to protect the tradition as well as animals? It seems to me as if the executive was only interested in raising the issue for political purpose only when the festival arrives. Judiciary has only filled the gap created by executive and legislature in governance of the country. It is only because of inaction by governments and legislatures over decades that judiciary needed to step in. 

If animals are being hurt, it is necessary to protect them but is banning the only option? Shouldn’t it be the last resort even for Judiciary? Judiciary should also give executive time to enforce law for protection of animals. They need to communicate about important governance matters and ensure that will of the people is respected who are the sovereign in India.

Proclaiming judiciary as unscientific and unresponsive is not a solution to the current problem. It is the representatives of people who are being unresponsive in current state. When the people are protesting against the ban, why the executive has been silent. In this time, executive doesn’t need to stand opposing Judiciary. Rather the three organs i.e. Executive, Legislative and Judiciary need to work in cooperation which would ensure a better governance and functioning democracy.