Bishen Jeswant and Hita Kumar writes about a critique of twin cases from 2010.
Has the judiciary started to take its responsibility for granted? Does it feel invincible? Is the supremacy of the Constitution forgotten? Are judgements above and beyond any kind of accountability? These questions are bound to haunt a person who reads the judgments that have been discussed in the following article.
The first section of this article is aimed at understanding the law of precedent and stare decisis which delineates the importance of every judgment delivered. The next section comprises of an analysis of two decisions of the Supreme Court that have created confusion rather than reaching a conclusion. While discussing the impact of such cases it becomes amply clear that such situations must be avoided at any cost. Lastly, the article deals with the aspect of judicial accountability of judges with respect to their judgments which highlights the necessity of a watchdog for the judiciary.