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        Try as much as they want to couch their words in sugar-coated niceties, the utterings of Prime Minister Dr Manmohan Singh and Chief Justice of India K G Balakrishnan make it clear that there is an edge to the relationship between the Judiciary and the Legislature. It is also clear that this has become more pronounced in the aftermath of the Supreme Court sensationally calling into question the rationale behind the 27 per cent reservation for OBCs in institutions of higher learning. This was, as it

        happened, followed by the Allahabad High Court (subsequently stayed) saying that the Muslims in UP having crossed the numerical strength as well the support strength to enjoy the tag 'minority'. Both these verdicts have been uneasy for the political class for obvious reasons. It hit them where it really feels hard. It threatens directly the very bread and butter of any politico - votebank. No politician, howsoever high or low his standing maybe —— would want anything to shatter the votebank that had been assiduously cultivated with complex cunning and convenient compromises.

        The two verdicts certainly diluted the plans of the politicos. But having paid lip service to the sovereignty and autonomous nature of the Judiciary, the image-conscious politicos would dare not take on the Judiciary straightaway. They can be trusted to build an artificial prop. And that is what the judicial activism vs legislative supremacy fight in reality amounts to. It is in this context that Manmohan Singh's almost veiled warning to the Judiciary to stay in line should be read. When Manmohan cautions the Judiciary against substituting its power of mandamus with the take-over of the functions of other organs, he is only artlessly belying the larger fear among the political fraternity. Even while understanding the compulsions behind such a 'warning', it also raises a question of propriety over whether the Prime Minister should have used such a public platform to wag the political finger at the judiciary. Of course, Manmohan Singh is right when he says that the judiciary is overreaching itself. But the Prime Minister should understand that the judiciary seen to be overreaching simply because the Legislature has left many blanks for it (judiciary) to fill in.

        Judicial activism, even though it is tempting to applaud, is not the right answer. But they sound right in wrong situations. In these times of populism and celebrity culture, it must easily appealing for the judges too to play to the gallery. And they have been guilty of it on some occasions. But mostly, judicial activism, or what is perceived to be one, is an answer to the irresponsible tendencies of the politicos.

        Though it is not right or politically correct to descend to make a value judgment, it should still be said that the Judiciary has risen to the demands and needs of the modern and evolving society in India more than the political class has. And the words of the Chief Justice that 'the perceived tension between courts, Legislature and the Executive was a natural and inevitable corollary of a healthy democracy', at least shows that the Judiciary is taking things in the right spirit. The political ilk of this country, as of now, lacks the moral core to take on the Judiciary.