Times Of Stress & Distress

There is a constitutional right to speedy trial, but this often does not take place due to case overload in courts. The apex court needs to devise an effective policy on wrongful charging, prosecution and incarceration

- Prof Upendra Baxi

The times of stress (on institutions) and distress (for individuals) for civil and political human rights occur and recur in every constitutional democracy. The very text of the Indian Constitution embodies these times, some which are near permanent (like preventive detention and stringent security laws), and some which are transitional (like declarations of emergency and President’s Rule). There are a lot of in-between situations (like the 9th Schedule, where earlier laws which violated fundamental rights were immunised against a constitutional change, but which now can stay in the schedule only if the Supreme Court so decides). What is more, and worse, the times of distress (for individuals and groups) often do not even constitute times of stress for the dominant majorities, or public institutions.