The Supreme Court has come to the rescue. A bench comprising of Justices Markandey Katju and H.L. Dattu in a recent judgment dated April 28 spoke first of India’s strong heritage of science, pointing out outstanding scientific discoveries and inventions made in the past by Indians, and then went on to lament that subsequently we took “to the unscientific path of superstitions and empty rituals, which has led us to disaster.” The court rightly stressed that the way out for our nation is to once again turn to the scientific path shown by our ancestors. Then follows a critical part of the judgment — namely directions, not recommendations, issued to the Central government inter alia to form a committee to address the water shortage problem at the earliest. The committee’s composition is also set out in the order. Thereafter the court has directed the committee so formed to conduct scientific research on a war footing to solve the country’s water shortage. The functions of the committee have been set out in detail. Thereafter the court requests the committee “to do patriotic duty to the nation”, and through scientific research discover solutions for the water shortage problem. The justification for these directions, apparently, is that the country is reeling under acute shortage of water.

The judgment and the directions given are most welcome, and should provide much needed relief. The stress on science and scientific methods and bemoaning the path of superstition is heartening. Indeed that thinking is in keeping with the fundamental duty prescribed in Article 51A “to develop scientific temper”. Another noteworthy feature is that the directions issued to the Central government signify a wholesome change in Justice Katju’s judicial philosophy of separation of powers, of which he has been a strong proponent. It must be realised that the doctrine of separation of powers cannot be rigidly followed but has to be adapted to the needs and problems of our nation in a pragmatic manner. And that is what the judgment has admirably done.

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