Supreme court of India

The educated masses of India though seldom indulge themselves in the laborious process of voting are quite concerned about the functioning of democracy. Two institutions which garner wide respect,awe in this section of the people or elsewhere are the Election Commission of India , Supreme Court of India.
These have for time and again stood against the arbitrary rules of the government. Election Commission is able to curb the members when it comes to spending in election campaigns and I should say successfully brings about the details(property,criminals cases..) of each contestant. Though a Code of Conduct for the contestants is a long way to go still a hope persists that the Election Commission some day may pull it off. I even say that they should go to the extent of recommending the Government to review the process of declaration of a winner in an election , who has to get 50%+1 votes.There should be re election(removing some contestants in every round and to take affirmative action against candidates who don't get a respectable vote count) until it is acheived. This is an idea which has been long there but due to the danger it poses to the present incumbents in the 545 member assembly or the numerous state legislative assemblies has never been brought up. With the entry of electronic voting machines and the skill the commission shows in holding the largest free and fair elections on earth, it is no big deal form them.
The Supreme Court of India , from time of its inception, due to its sheer position as the interpreter of the constitution has been at loggerheads with the parliament more then once. Once such illustration is with our respected late Prime Minister of India , Ms Indira Gandhi. She was found guilty on the grounds of election malpractice in 1975 by Allahabad High Court. It was duly challenged in the Supreme Court by the person who is supposed to be representing the will of the people. The Judge allowed her to continue as Prime Minister of India but she could not speak or vote in the Parliament. A great day for democracy. Parliament did something which it was not supposed to do. It acted fast. 39th amendment to the Constitution was brought about The bill was passed in less then a day in Lok Sabha(look what happens to women's reservation bill) and the next day in Rajya Sabha. Since constitutional amendments required ratification by the state legislative assemblies too , all these assemblies assembled on a Saturday and gave their assent. The President was quick to sign it too. The amendment in its simple terms said any election disputes of President,Vice President and Prime Minister are to be dealt by Parliament and not any court. A committee will be formed and blah blah blah!!.. This had conflicts with some other laws and those laws were all pushed into 9th schedule , implying the SC cannot review them, they just have to use it. Now under the new circumstances SC had to declare her not guilty. The National Emergency soon came and everybody forgot about it. Banks where nationalized ,fundamental rights where withdrawn,whatever that is against the idea of 'Garibi Hatao' .42nd amendment did this and even preamble had to be modified suiting the wishes of garibis. Socialist was added to the definition of India. Amendments where made immune to judicial review and all limits of the Parliament to amend the constitution where removed. That is a victory for people's representatives.. Parliament was restored and no sooner Supreme Court was on its heels craving about the fundamental rights of people and how they cannot be modified. Parliament had to maintain , in a democracy Parliament is Supreme. SC made them remember it is the Constitution that is supreme. The famous cases Keshavananda Bharti , Minnevra Mills are the ones which led to all this trouble.
The Supreme Court stance on the reservation for OBC's was another issue.They asked simple questions regarding the demographics of OBC's and the Government was running for cover.They kept the faith of many students in this country and certainly saved some lives of young doctors. The students celebrated their was some hope in this country.
Nobody expected a Union Cabinet Minister to be convicted. They where above such laws is the general belief . Miracles happen and he is now where he was supposed to be long ago.Some high profile murderers got convicted. This is all too good to be true. The judgment on the 9th schedule is what is certainly the biggest proof ,that ours is a functioning democracy.
The 9th schedule hitherto introduced by Nehru to equally distribute wealth or land , taking it aways from the zamindars. This was against the fundamental right to property(now due to various amendments is just a legal right) so introduced this new schedule and made it immune to judicial review. So did the people get the lands..ha that is another question. Parliament makes laws but administration didn't seem to have implement it. So even now,Naxalites thrive on this very issue..well whatever. The 9th schedule then was used for a variety of purposes reservations going to insane limits of 69% in TamilNadu. Land acquisition rules as and how they please in West Bengal.
The supreme court ordered a family planning for this schedule burdened with 284 laws. It means they are going to dissect each and every law. They would then decide whether it is against the basic structure of the constitution(federal structure,parliamentary democracy and too an extent fundamental rights ). All the cases from 1974 would now be revisited and now it may spill some gross miscalculations,crass discretions and questionable conclusions.

Conclusion.
I would like to see even the Election Commission uses its power a little more in the upcoming elections(state assembly elections of Manipur ,Uttaranchal,Punjab, UP,Assam,Kerala,WB,Tamil Nadu). Many innocent people die during that time and if the commission permanently spoils the career of even some of the candidates will be a welcome move to the democracy of India .A great courage is required to reform the present unscientific process of elections. Once this is done ,certainly a day will come when the parliament passes laws and people would support it rather then Supreme Court. An accountability to both these institutions,Election Commission and Supreme Court has to be brought out some day such that the power will lay where it has to be. In the hands of, We the people of India.