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GS Paper: GS2

  • Jurisdictional conflict in the running of Delhi Government

    The article analyses the tussle between the Delhi Government and the Lt. Governor.

    What the 2018 SC judgement was about

    • The Supreme Court in Government of NCT of Delhi vs. Union of India (2018) decided on the conflicts between the government of NCT and the Union Government and its representative, the Lieutenant Governor.
    • It reminds the Lt. Governor what his real functions are.
    •  It tells the State government that it should remember that Delhi is a special category Union Territory.
    • It lays down the parameters to enabling the harmonious functioning of the government and the Lt. Governor.
    • It did not very clearly delineate the issues in respect of which the Lt. Governor can refer a decision taken by the Council of Ministers to the President in the event of a difference of opinion between the Lt. Governor and the State government.

    Settled issues and clarifications

    • The Supreme Court affirming that the Lt. Governor is bound to act on the aid and advice of council of ministers except in respect of ‘Land’, ‘Public Order’ and the ‘Police’.
    • The Court has also made it clear that there is no requirement of the concurrence of the Lt. Governor and that he has no power to overrule the decisions of the State government.
    • However, Article 239AA (4) (proviso) which says that in the case of a difference of opinion between the Lt. Governor and his Ministers on any matter, the Lt. Governor shall refer it to the President for decision and act according to that decision.
    • If the Lt. Governor thinks that the matter is urgent he can take immediate action on his own.

    How Article 239 AA(4) matters

    •  Lt. Governor can frustrate the efforts of the government, by declaring that there is a difference of opinion on any issue and refer it to the President.
    • Refering matter to the President in reality means the Union Home Ministry.
    • The Lt. Governor being its representative, it is easier for him to secure a decision in his favour.
    • The State government will be totally helpless in such a situation.
    • The recent appointment of prosecutors for conducting the Delhi riot cases in the High Court is a case in point.
    •  When the government decided to appoint them, the Lt. Governor referred it under proviso to Article 239AA (4) to the President stating that there is a difference of opinion.
    • This episode clearly points to the fault lines which still exist in the power equations in the capital’s administrative structure.

    But, can Lt. Governor refer routine administrative matter to the President?

    • A close reading of the Supreme Court judgment in the NCT Delhi case (supra) would reveal that he cannot.
    • The Supreme Court says “The words ‘any matter’ employed in the proviso to Article 239AA (4) cannot be inferred to mean ‘every matter’.
    • Court also says that “The power of the Lieutenant Governor under the said proviso represents the exception and not the general rule”.
    • The President is the highest Constitutional authority and his decision should be sought only on constitutionally important issues.

    Executive powers and legislative powers

    • Parliament can legislate for Delhi on any matter in the State List and the Concurrent List.
    • But the executive power in relation to Delhi except the ‘Police’, ‘Land’ and ‘Public Orders’ vests only in the State government headed by the Chief Minister.
    • The executive power of the Union does not extend to any of the matters which come within the jurisdiction of the Delhi Assembly.
    • The only occasion when the Union Government can overrule the decision of the State government is when the Lt. Governor refers a matter to the President under the proviso to clause (4).

    Consider the question “What are the parameters laid down by the Supreme Court in the Government of NCT of Delhi vs. Union of India (2018) to avoid the conflict between Lt. Governor and the Delhi Government? Also examine the scope of referring any matter to the consideration of the President by the Lt. Governor.”

    Conclusion

    In the Constitutional scheme adopted for the NCT of Delhi Lt. Governor should not emerge as an adversary having a hostile attitude towards the Council of Ministers of Delhi; rather, he should act as a facilitator.

  • Debate: Minimum age of marriage for women

    PM in his I-Day speech has announced that the central government has set up a committee to reconsider the minimum age of marriage for women during his address to the nation on the 74th Independence Day.

    Try this question for mains:

    Q.The different minimum age of marriage for women and men is a discriminatory provision. Analyse.

    Back in debate

    • The minimum age of marriage, especially for women, has been a contentious issue.
    • The law evolved in the face of much resistance from religious and social conservatives.
    • Currently, the law prescribes that the minimum age of marriage is 21 years and 18 years for men and women respectively.

    Issue over majority

    • The minimum age of marriage is distinct from the age of majority which is gender-neutral.
    • An individual attains the age of majority at 18 as per the Indian Majority Act, 1875.
    • The law prescribes a minimum age of marriage to essentially outlaw child marriages and prevents the abuse of minors.

    What is the committee that the PM mentioned?

    • The Union Ministry for WCD had set up a task force to examine matters pertaining to the age of motherhood, imperatives of lowering Maternal Mortality Ratio and the improvement of nutritional levels among women.
    • The task force would examine the correlation of age of marriage and motherhood with health, medical well-being, and nutritional status of the mother and neonate, infant or child, during pregnancy, birth and thereafter.
    • It will also examine the possibility of increasing the age of marriage for women from the present 18 years to 21 years.

    How common are child marriages in India?

    • UNICEF estimates suggest that each year, at least 1.5 million girls under the age of 18 are married in India.
    • It makes our country home to the largest number of child brides in the world — accounting for a third of the global total.
    • Nearly 16 per cent adolescent girls aged 15-19 are currently married.

    Provisions for the minimum age for marriage

    • Personal laws of various religions that deal with marriage have their own standards, often reflecting custom.
    • For Hindus, Section 5(iii) of The Hindu Marriage Act, 1955, sets 18 years as the minimum age for the bride and 21 years as the minimum age for the groom.
    • However, child marriages are not illegal — even though they can be declared void at the request of the minor in the marriage.
    • In Islam, the marriage of a minor who has attained puberty is considered valid.
    • The Special Marriage Act, 1954 and the Prohibition of Child Marriage Act, 2006 also prescribe 18 and 21 years as the minimum age of consent for marriage for women and men respectively.
    • Additionally, sexual intercourse with a minor is rape, and the ‘consent’ of a minor is regarded as invalid since she is deemed incapable of giving consent at that age.

    Evolution of the law

    • The IPC enacted in 1860 criminalised sexual intercourse with a girl below the age of 10.
    • The provision of rape was amended in 1927 through The Age of Consent Bill, 1927, which declared that marriage with a girl under 12 would be invalid.
    • The law faced opposition from conservative leaders of the Indian National Movement, who saw the British intervention as an attack on Hindu customs.
    • A legal framework for the age of consent for marriage in India only began in the 1880s.

    Comes in: The Sarda Act

    • In 1929, The Child Marriage Restraint Act set 16 and 18 years as the minimum age of marriage for girls and boys respectively.
    • The law, popularly known as the Sarda Act after its sponsor Harbilas Sarda, a judge and a member of Arya Samaj, was eventually amended in 1978 to prescribe 18 and 21 years as the age of marriage for a woman and a man respectively.

    Contention over different legal standards

    • There is no reasoning in the law for having different legal standards of age for men and women to marry. The laws are a codification of custom and religious practices.
    • The Law Commission consultation paper has argued that having different legal standards “contributes to the stereotype that wives must be younger than their husbands”.
    • Women’s rights activists have argued that the law also perpetuates the stereotype that women are more mature than men of the same age and, therefore, can be allowed to marry sooner.
    • The international treaty Committee on the Elimination of Discrimination against Women (CEDAW), also calls for the abolition of laws that assume women have a different physical or intellectual rate of growth than men.

    Why is the law being relooked at?

    • Despite laws mandating minimum age and criminalizing sexual intercourse with a minor, child marriages are very prevalent in the country.
    • From bringing in gender-neutrality to reduce the risks of early pregnancy among women, there are many arguments in favour of increasing the minimum age of marriage of women.
    • Early pregnancy is associated with increased child mortality rates and affects the health of the mother.

    Upholding the Constitution

    • Petitioners, in this case, had challenged the law on the grounds of discrimination.
    • It is argued that Articles 14 and 21 of the Constitution, which guarantee the right to equality and the right to live with dignity, were violated by having different legal ages for men and women to marry.
    • Two significant Supreme Court rulings can act as precedents to support the petitioner’s claim.
    • In 2014, in the ‘NALSA v Union of India’ case, the Supreme Court, while recognising transgenders as the third gender, said that justice is delivered with the “assumption that humans have equal value and should, therefore, be treated as equal, as well as by equal laws”.
    • In 2019, in ‘Joseph Shine v Union of India’, the Supreme Court decriminalized adultery, and said that “a law that treats women differently based on gender stereotypes is an affront to women’s dignity”.

  • Why has the Israel-UAE pact unsettled Palestine and Iran?

    Last week Mr Trump has announced that Israel and the United Arab Emirates (UAE) had reached a peace agreement. Many countries, including the European powers and India, have welcomed it, while the Palestinian leadership, as well as Turkey and Iran, have lashed out at the UAE.

    The strategic location of Gaza strip, West Bank, Dead Sea etc. creates a hotspot for a possible map based prelims question. 

    Consider this PYQ:

    Q. The area is known as ‘Golan Heights’ sometimes appears in the news in the context of the events related to: (CSP 2015)

    a) Central Asia
    b) Middle East
    c) South-East Asia
    d) Central Africa

    The Israel-UAE Pact

    • The UAE and Israel would establish formal diplomatic relations and in exchange, Israel would suspend its plans to annex parts of the occupied West Bank.
    • Israeli PM Netanyahu had earlier vowed to annex the Jewish settlements in the West Bank.
    • But now, as part of the agreement, Israel “will suspend declaring sovereignty over areas” of the West Bank and “focus its efforts on expanding ties with other countries in the Arab and Muslim world”.

    A timeline of Israel-Arab Conflict

    Arab-Israeli ties have historically been conflict-ridden.

    • Arab countries, including Egypt, Transjordan, Syria and Iraq, fought their first war with Israel in 1948 after the formation of the state of Israel was announced.
    • The war ended with Israel capturing more territories, including West Jerusalem than what the UN Partition Plan originally proposed for a Jewish state.
    • After that, Israel and Arab states fought three more major wars — the 1956 Suez conflict, the 1967 Six-Day War and the 1973 Yom Kippur War.
    • After the 1967 war in which Israel captured the Sinai Peninsula and Gaza Strip from Egypt, East Jerusalem and the West Bank from Jordan and the Golan Heights from Syria.
    • Arab countries convened in Khartoum and declared their famous three “‘Nos’ — no peace with Israel, no talks with Israel and no recognition of Israel.
    • But it did not last long. After the death of Egypt President Gamal Abdel Nasser, his successor Anwar Sadat started making plans to get Sinai back from Israel.
    • His efforts, coupled with American pressure on Israel, led to the Camp David Accords of 1978 with Israel’s withdrawal.

    Significance of the deal

    • It’s a landmark agreement given that the UAE is only the third Arab country and the first in the Gulf region to establish diplomatic relations with Israel.
    • In 1994, Jordan became the second Arab country to sign a peace treaty with Israel.
    • The UAE-Israel agreement comes after 26 years. If more countries in the Gulf follow the UAE’s lead, it would open a new chapter in Arab-Israel ties.

    Why did the UAE sign the agreement?

    • The old enmity between Arab countries and Israel has dissipated.
    • The Sunni Arab kingdoms in the Gulf region such as Saudi Arabia and the UAE had developed backroom contacts with Israel over the past several years.
    • One of the major factors that brought them closer has been their shared antipathy towards Iran.
    • Arab countries have signalled that they are ready to live with Israel’s occupation of Palestine.

    What do Arab countries want from Israel?

    • Arab countries expect a major change in the status quo on West Bank annexation which would put Israel under political and diplomatic pressure.
    • The UAE-Israel agreement has averted that outcome.
    • If a Democratic Party (Trump’s opposition and Obama’s allegiance) comes to power and restores the Iran deal, both the Israeli and the Arab blocs in West Asia would come under pressure to live with an empowered Iran.
    • A formal agreement and enhanced security and economic ties make the Arab and Israeli sides better prepared to face such a situation.
    • So there is a convergence of interests for the UAE, Israel and the U.S. to come together in the region.

    Where does it leave the Palestinians?

    • Unlike the past two Arab-Israeli peace agreements, Palestinians do not figure prominently in the current one.
    • In the present UAE-Israel deal, Israel has not made any actual concession to the Palestinians.
    • The Palestinians are understandably upset. They called the UAE’s decision “treason”.

    Geopolitical implications of the deal

    • The agreement could fast-track the changes that are already underway in the region.
    • The Saudi bloc, consisting of Egypt, the UAE, Bahrain and others, see their interests being aligned with that of the U.S. and Israel and their support for Palestine, which Arab powers had historically upheld.
    • Turkey and Iran now emerge as the strongest supporters of the Palestinians in the Muslim world.
    • This tripolar contest is already at work in West Asia. The UAE-Israel thaw could sharpen it further.

    Also read:

    West Bank Annexation Plan

  • What is the National Health ID System?

    In his address to the nation on Independence Day, the PM has launched the National Digital Health Mission which rolls out a national health ID for every Indian.

    Try this question for mains:

    Q.What is the National Health ID System? How will it benefit transforming healthcare facilities in India?

    National Health ID System

    • This system finds its roots in a 2018 NITI Aayog proposal to create a centralised mechanism to uniquely identify every participating user in the National Health Stack.
    • It will be a repository of all health-related information of a person.
    • According to the National Health Authority (NHA), every patient who wishes to have their health records available digitally must start by creating a Health ID.
    • Each Health ID will be linked to a health data consent manager — such as National Digital Health Mission (NDHM).
    • The Health ID is created by using a person’s basic details and mobile number or Aadhaar number.
    • This will make it unique to the person, who will have the option to link all of their health records to this ID.

    What was the original proposal for the health ID?

    • The National Health Policy 2017 had envisaged creation of a digital health technology eco-system aiming at developing an integrated health information system.
    • In the context of this, the central government’s think-tank NITI Aayog, in June 2018, floated a consultation of a digital backbone for India’s health system — National Health Stack.
    • As part of its consultation, NITI Aayog proposed a Digital Health ID to greatly reduce the risk of preventable medical errors and significantly increase the quality of care.

    Stakeholders in the national health ID

    • As envisaged, various healthcare providers — such as hospitals, laboratories, insurance companies, online pharmacies, telemedicine firms — will be expected to participate in the health ID system.

    Back2Basics:

    https://www.civilsdaily.com/news/national-digital-health-mission-ndhm/

  • Tweets against CJI amounts to Criminal Contempt

    A three-judge Bench of the Supreme Court has found a famous civil rights lawyer guilty of criminal contempt by ‘scandalizing the court’.

    Try this question for mains:

    Q.What is Contempt of Court? Discuss, how free speech can lead to the contempt of courts?

    Contempt of Court

    • According to the Contempt of Courts Act, 1971, contempt of court can either be civil contempt or criminal contempt.
    • Civil contempt means willful disobedience to any judgment, decree, direction, order, writ or another process of a court or willful breach of an undertaking given to a court.
    • On the other hand, criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which
    1. Scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or
    2. Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or
    3. Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.

    What did the court rule in this case?

    • The tweets had the effect of attempting to destabilize Indian democracy.
    • A defamatory publication concerning “the judge is a serious impediment to justice”.
    • The court could not ignore the disrespect and disaffection created by the “scurrilous” tweets.
    • If such an attack is not dealt with a requisite degree of firmness, it may affect the national honour and prestige in the comity of nations.

    A suo motu action

    • The prior consent of the Attorney General (AG) of India is not required to suo motu initiate the inherent contempt powers of the Supreme Court.
    • The Contempt of Court Act of 1971 cannot limit this power of the court. The statute only provides the procedure in which such contempt is to be initiated.
    • The suo motu contempt powers of the top court are drawn from Article 129 of the Constitution, which says the Supreme Court, as a court of record, has the power to punish for contempt of itself.

    What would be the penalty?

    • The Contempt of Court Act of 1971 punishes with imprisonment that may extend to six months or fine of â‚č 2,000 or both.
    • This is provided in case the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

    Also read:

    Explained: What is Contempt of Court?

  • UAE, Israel reach agreement to establish diplomatic ties

    The United Arab Emirates and Israel have agreed to establish full diplomatic ties as part of a deal to halt the annexation of occupied land sought by the Palestinians for their future state.

    What is the deal?

    • The deal halts Israeli annexation plans, the Palestinians have repeatedly urged Arab governments not to normalize ties with Israel until a peace agreement establishing an independent Palestinian state is reached.

    Significance

    • The announcement makes the UAE the first Gulf Arab state to do so and only the third Arab nation to have active diplomatic ties to Israel.
    • For Israel, the announcement comes after years of boasting by Israeli PM Netanyahu that his government enjoys closer ties to Arab nations than publicly acknowledged.

    West Bank  and its annexation plan

    • The West Bank is located to the west of the Jordan River.
    • It is a patch of land about one and a half times the size of Goa, was captured by Jordan after the 1948 Arab-Israeli War.
    • Israel snatched it back during the Six-Day War of 1967 and has occupied it ever since.
    • It is a landlocked territory, bordered by Jordan to the east and Israel to the south, west, and north.
    • Following the Oslo Accords between the Israeli government and the Palestine Liberation Organization (PLO) during the 1990s, part of the West Bank came under the control of the Palestinian Authority.
    • With varying levels of autonomy, the Palestinian Authority controls close to 40 per cent of West Bank today, while the rest is controlled by Israel.

  • Sixth Schedule of Indian Constitution

    The revival of the demand for two autonomous councils has made political parties and community-based groups call for bringing the entire Arunachal Pradesh under the ambit of the Sixth Schedule or Article 371 (A) of the Constitution.

    Try this question from CSP 2015:

    Q.The provisions in Fifth Schedule and Sixth Schedule in the Constitution of India are made in order to-

    (a) protect the interests of Scheduled Tribes

    (b) determine the boundaries between States

    (c) determine the powers, authority and responsibilities of Panchayats

    (d) protect the interests of all the border States

    What is the Sixth Schedule?

    • The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian Constitution.
    • Passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of the tribal population through the formation of Autonomous District Councils (ADC).
    • ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.
    • The governors of these states are empowered to reorganize boundaries of the tribal areas.
    • In simpler terms, she or he can choose to include or exclude any area, increase or decrease the boundaries and unite two or more autonomous districts into one.
    • They can also alter or change the names of autonomous regions without separate legislation.

    Autonomous districts and regional councils

    • The ADCs are empowered with civil and judicial powers can constitute village courts within their jurisdiction to hear the trial of cases involving the tribes.
    • Governors of states that fall under the Sixth Schedule specify the jurisdiction of high courts for each of these cases.
    • Along with ADCs, the Sixth Schedule also provides for separate Regional Councils for each area constituted as an autonomous region.
    • In all, there are 10 areas in the Northeast that are registered as autonomous districts – three in Assam, Meghalaya and Mizoram and one in Tripura.
    • These regions are named as district council of (name of district) and regional council of (name of region).
    • Each autonomous district and regional council consists of not more than 30 members, of which four are nominated by the governor and the rest via elections. All of them remain in power for a term of five years.

    B2BASICS

    Try this question from AWE Initiative:

    The Sixth Schedule of the Constitution is often referred to as a charter for autonomy of a wide magnitude, but it has failed to decrease the tension between different stakeholders at the ground level. Elaborate. (150 W/ 10 M)

  • Greater Male Connectivity Project (GMCP)

    India will fund the implementation of the Greater Male Connectivity Project (GMCP) in the Maldives with $500 mn packages.

    Try this question from 2014:

    Which one of the following pairs of islands is separated from each other by the ‘Ten Degree Channel’?

    (a) Andaman and Nicobar

    (b) Nicobar and Sumatra

    (c) Maldives and Lakshadweep

    (d) Sumatra and Java

    About Greater Male Connectivity Project

    • The GMCP will consist of a number of bridges and causeways to connect Male to Villingili, Thilafushi and Gulhifahu islands that span 6.7 km.
    • It would ease much of the pressure of the main capital island of Male for commercial and residential purposes.
    • When completed, the project would render the Chinese built Sinamale Friendship bridge connecting Male to two other islands, thus far the most visible infrastructure project in the islands.
    • At present, India-assisted projects in the region include water and sewerage projects on 34 islands, reclamation project for the Addl island, a port on Gulhifalhu, airport redevelopment at Hanimadhoo, and a hospital and a cricket stadium in Hulhumale.

  • Strategic autonomy in foreign policy

    India has been maintaining strategic autonomy in its foreign policy since Independence. But the end of Cold War and growing closeness towards the U.S. raises concerns. This article addresses this issue.

    India’s foreign policy: characterised by autonomy

    • India has historically prided itself as an independent developing country which does not take orders from or succumb to pressure from great powers.
    • Indian maintained this stance in its foreign policy when the world order was bipolar from 1947 to 1991, dominated by the U.S. and Russia.
    • Also, when the world was unipolar from 1991 to 2008, dominated by the U.S.
    • Or when it is multipolar as at the present times.
    • The need for autonomy in making foreign policy choices has remained constant.

    Flexibility in foreign policy

    • However, strategic autonomy has often been adjusted in India’s history as per the changing milieu.
    • During the 1962 war with China, Prime Minister Nehru, had to appeal to the U.S. for emergency military aid.
    • In the build-up to the 1971 war with Pakistan, Prime Minister Indira Gandhi had to enter a Treaty of Peace, Friendship and Cooperation with the Soviet Union to ward off both China and the U.S.
    • And in Kargil in 1999, India welcomed a direct intervention by the U.S. to force Pakistan to back down.
    • In all the above examples, India did not become any less autonomous when geopolitical circumstances compelled it to enter into de facto alliance-like cooperation with major powers.
    • Rather, India secured its freedom, sovereignty and territorial integrity by manoeuvering the great power equations and playing the realpolitik game.

    Concerns over India’s growing closeness to the U.S.

    • As India is facing China’s growing aggression along the LAC, Non-alignment 2.0 with China and the U.S. makes little sense.
    • Fears that proximity to the U.S. will lead to loss of India’s strategic autonomy are overblown.
    • Because independent India has never been subordinated to a foreign hegemon.

    What should be India’s strategy

    • In the threat environment marked by a pushy China, India should aim to have both- American support and stay as an independent power centre by cooperation with middle powers in Asia and around the world.
    • For India complete dependence on the U.S. to counter China would be an error.
    • Such complete dependence would be detrimental to India’s national interest such as its ties with Iran and Russia and efforts to speed up indigenous defence modernisation.
    • A wide and diverse range of strategic partners, including the U.S. is the only viable diplomatic way forward in the current emerging multipolar world order.

    Consider the question “Does India’s close alignment with the U.S. harms its strategic autonomy? Suggest the strategy to balance India’s security concerns and maintaining strategic autonomy.”

    Conclusion

    We are free and self-reliant not through isolation or alliance with one great power, but only in variable combinations with several like-minded partners. India is familiar with the phrase ‘multi-vector’ foreign policy. It is time to maximise its potential.

  • Judiciary and the challenges ahead

    The article analyses the role of the judiciary in democracy and the challenges it has been facing.

    Challenges to democracy

    • Growing lack of faith among many Indians in the functioning of the Supreme Court (SC).
    • The politicisation of the civil service and the police.
    • The creation of a cult of personality
    • The intimidation of the media.
    • The use of tax and investigative agencies to harass and intimidate independent voices.
    • The refusal to do away with repressive colonial-era laws and instead the desire to strengthen them.
    • The undermining of Indian federalism by the steady whittling down of the powers of the states by the Centre.

    Role and challenges judiciary faces

    • In recent years the Supreme Court has done little to stop or stem the degradation of democracy.
    • Some examples: Court’s refusal to strike down laws like UAPA that should have no place in a constitutional democracy.
    • Its unconscionable delay in hearing major cases.
    • The COVID-19 crisis has accelerated trend towards authoritarianism and the centralisation of power.
    • But the hearings and orders of the past few months show, the Supreme Court seems unable or unwilling to check these ominous trends.
    • The failure of the SC is in part a failure of leadership.
    • One chief justice has accepted a Governorship immediately on retirement, and another has accepted a Rajya Sabha seat.
    • Powers of the Master of the Roster are imperfectly defined, and can lead themselves to widespread misuse by the incumbent.

    Consider the question “Examine the role of the judiciary as the guardian of the Constitution. What are the challenges judiciary facing the judiciary in recent times?”

    Conclusion

    Time has come for all the serving justices in the highest court of the land to think seriously about the ever-increasing gap between their calling as defined by the Constitution, and the direction the Court is now taking.