Public opinion and the Ayodhya case: Breaking the myth of infallibility

[dropcap]J[/dropcap]ustice Benjamin Cardozo of the U. S. Supreme Court once said, "[t]he great tides and currents which engulf the rest of men do not turn aside in their course and pass the judges by". He was among the early proponents of Legal Realism, in which it is believed that often judges make up their minds about the outcome even before they turn to the law and the legal rule book. Some realists assert that the judge's personality has more impact than legal rules or certain factors like public opinion mould judges' behavior.

The hearing of much awaited and controversial case on the Ayodhya title suit formally starts on October 29. The Supreme Court, in its earlier decision in September, refused to refer the matter to a Constitutional Bench and further held that the Ismail Faruqui judgment of 1994 remains irrelevant for the matter in hand. Though the court has paved the way for a simple land acquisition proceeding but in public domain the matter remains more than just a land dispute. The ruling BJP party cannot stop itself from shouting it as its political agenda and the media houses are still sensationalising it "in the name of Ram".

Such being the circumstances, the public opinion and the subsequent pressure in the case remains constant. How does public opinion mould judges' behaviour? Are there any hints of such relation before? What can be done to minimise the impact? The article tends to explore the unchartered side of non-judicial dimensions in judicial decisions.

Public opinion versus judicial decisions

Many political scientists assert with confidence that "we the people" influence the decisions of the Supreme Court. But the term "public" exactly does not mean people in general. The term "public" means a section of society sharing common interests. The reason public opinion could affect judicial decision is that the public has a direct influence on the court because the judges are concerned about their legitimacy and relevance in the short and long terms. In the case of Furman v. Georgia, the U.S. Supreme court struck down all state laws permitting the death penalty. Justice Thurgood Marshall wrote that "the average citizen would, in my opinion, find the death penalty shocking to his conscience and sense of justice. For this reason alone, capital punishment cannot stand."