as the house of the elected representatives in democracy is accoutability in the eye of law(by supreme court) can review the acts of the parliament, then why not the acts of the judiciary be accountable the people who are facing the verdict of the court. In democracy all are responsible, even supreme court and the judges are part of the constitution(are also equal to a common man), then only the democracy will strengtj.
A simple case as that of an unauthorised occupier of a premises who can be simply vacated within days by just examining the authorised ownership documents by local authorities like police etc., are lingering in the courts with even appeals for one to two decades! Can there be any more shameful judicial system that is still boldly proceeding? All sorts of false statements support such precarious filthy procedures in judicial system. Even supreme court has granted stay order to lower courts not to proceed against defaulter companies numbering about 150 retaining the cheated defaulted money of public all over the nation amounting to multi crores of rupees collected from poor lower middle and middle classes of which many are senior citizens! The Governments are making major issues of nuke energy and religious politics to allow corruption further to grow by diverting issues from actual important issues of general public! Vote Bank cheap politics is going on! All multi degreed foreign returned so called luminaries look at things going worse day by day by looking at the "Tamashas"!
No political will is there really to bring the current dilapidated judicial system to justice! That is the vital source of corruption and an easy path to amass other's properties and wealth illegitimately. Even some parties are strongly against bringing immediate reforms on judicial system as the party too gets some portions of the illegitimate earnings! People are hearing about such reforms for the past many decades but the system goes worst from bad every day without any accountability. Middle and lower middle and also poor classes that constitute a large and major chunk of the population of this country are not only capable of entering into any present court of justice but also are terribly embarrassed due to enormous amounts as fees by lawyers for years due to their own vested interests to amass money without any checks by several free adjournments with collusion of opposite party lawyers, court staff and even judicial officers in several cases! For simple cases too appeals are freely granted to delay cases indirectly harassing the genuine clients to greeze the palms etc.,
The entire legal system is so complex and prone to misuse that it puts off even the most well meaning law abiding citizen. The language can hardly be understood by any decent English speaking person.
Judges and lawyers dont need to be experts who are good at chewing over polished language terminology that has absolutely no meaning other than to confuse the laymen.
We need judges who have common sense a will to do good and a decent understanding of law vis a vis the rights and responsibilities of all parties involved.Most importantly we need people who are ethically strong and who want to do good to the society and country , we dont need highly educated individuals whose sense of morality has gone to toss.
And the entire legal system is meant to ensure justice to the common man if this purpose is not served its useless, which is what seems to be happening today.
RE:Reservations in Judiciary
by Sincere Citizen on Dec 17, 2007 04:40 PM Permalink
How does democracy imply reservations ? How can people of same caste only "understand" the problems of that caste ? and what are these problems. If you read history the people who fought most against social injustice and inequality were from the higher castes too.
RE:Reservations in Judiciary
by Manjula A on Dec 19, 2007 12:15 PM Permalink
Yes, they were from the upper castes and that is why they never succeeded.
Indian judiciary is full of contradictions.On the one hand they complain about shortage of staff to clear the long backlog of case and on the other they find enough time and resources to step into the shoes of executive. The juduciary is considered unquestionable like caesars wife but in the same breadth retired chief justices write newspaper columns to justify relatives role in alleged land scam etc. The way of functioning of lower courts and corruption is something an accepted thing in the society. Try overhear conversations in public places and public transport system like DTC you will know how these lower courts are driven by rampant corruption. Taking up PIL in the interest of Justice is OK, but the courts should first do their job properly before worrying about streamlining executive functions.
Indian democracy faces the gravest threat from higher judiciary!!!!. It is the most corrupt arm of Government, compared to legislature and executive. Its accountability is almost nil.!!!!!! out of 26 Supreme court judges only one man is from Backward castes. It is in fact a mockery of Justice!!!Dr Natciappan,s report should be implemented in toto.
Sometimes it appears to me that statutes are enacted and amendments are made and the whole thing is put in such a fashion, language and packing that it is not possible for citizens with good knowledge of English to understand in simple terms the contents of the laws.
For example, I purchased a few books on laws (such as those relating to PF, ESI etc.) because I have started a small business and wanted to find out what are the legal implication which my firm will have to comply with.
The books run to over 200 pages each but after reading pages after pages, I am unable to say confidently as to whether I now know the provisions of these two laws.
In fact these two laws can be simplified and codified in not more than 10 pages of A4 size, clearly stating to whom the laws apply, what they should do to register themselves with the concerned authorities, what else they should do periodically etc.
But I doubt that anybody in the Government has any time or interest to do such worthwhile things to help common man. Confusion prevails because of archaic language, highly complex systems, intermediaries etc.
RE:Simplify and codify most of the laws
by Sincere Citizen on Dec 17, 2007 04:38 PM Permalink
If everything is made simple how will the lawyers, conmen ,cops and all such people survive ?
Hire a good lawyer of financial consultant , let them also make money.
I do agree with you though cos I had to study this stuff in MBA.
No body is accountable in legal field. i have not seen any account given by even advocates to their clirnts for taking a dates when the clients ahre pressing for early hearing/decsisions in the cases.
why advocates ask for two/three vacations in a year when pendency of cases are huge.why courts are not functioning for longer duration and become sensitive to their CUSTOMERS I.E. PLAINTIFFS.
no organ of our CONGRESSI /COMMUNIST CULTURE DEMOCRACY IS WORKING AS LONG AS BRITISH TRADITIONS ARE REMOVED AND INDIAN SIMPLYCITY IS INDUCTED AS REPEATEDLY ADVOCATED BY OUR FATHER OF NATION AND SARDAR. EVEN BETTER LATE THAN NEVER. NOW WE CAN SWITCH TO 365 DAYS SUNDAY AS HOLIDAY SYSTEMCOUPLED WITH SIMPLE PROCEDURES. REMOVING PROVISONS OF CODE OF CIVIL/CRIMINAL PROCEDURES THOSE HAVE PROVED TO BE USED BY NEGATIVE ELEMENTS.
