Arguably, judicial reforms must be at the core of across-the-board institutional reforms that are needed in the country. Without a viable, fair and effective judiciary, a modern, tolerant, inclusive and progressive society cannot be established.
Without doubt, the judicial process needs significant reform, and a process must begin of not just identifying the flaws and problems in the justice system but recommending sensible and implementable solutions.
Indeed, the judicial activism of the superior judiciary has helped expose the many deficiencies in the overall judicial system: a well-functioning system that provides justice at the grass roots should not require high court and Supreme Court judges to arbitrarily intervene on behalf of petitioners and litigants.
But the superior judiciary may want to reflect on the growing criticism directed at it from many independent quarters. While disruption can be good for moribund institutions, the many interventions that superior court judges have made in recent times have created a decidedly mixed record.
While populism can be one measure of judicial success — and by that measure, the current superior judiciary would appear to be doing tremendously well — the judicial institution the world over has been built on clear rules, good laws and sound precedent.