The news item is undoubtedly aimed at judges, in whatever mesh of words it is expressed, particularly when it fountains from a leading Supreme Court lawyer like Indiara Jaisingh. There is a lot that can be said on this subject in which the parties involved are more than limited to judiciary. Does one expect the role of SC limited to judicial interpretation without human touch, where a common man is involved ? And which is the matter of Parliament where a common man is not involved ? Should this country be left to law framing masses enjoying powers out of a constitution that was made over 60 years earlier and the class of people framing them were of entirely a different class that could even not dream of a class that is prevailing in present parliament ? It is uncomfortable for those who are effected by such interpretations and have invented "judicial activism". Did it never exist in earlier judgements of SC ? Only thing is the dilution of Parliamentary ethics of conduct and more intolerance, that has led to more "judicial activism". Obviously only those err who act, not those who preach. Such error may be reviewed but it absolutely tangential shoot-out to say that "judicial activism" is not desirable, particularly whien the law-makers have made their own castles of existence on roads and elsewhere and even advocate protection to law-breakers if they are MPs.
Good article on Judicial overreach. But who is to judge if it is appropriate or not. What is your opinion on attempt by politicians to trample the law in favor of vested interests. Office of profit is a classic example. Why is constitution considered sacrosanct. There are so many archaic laws in India which need to be repealed or amended to modern day civic society - these are not done to meet political ends. As a supreme court lawyer what do you feel is the contribution of lawyers in enagaging the legislature to look into this. Finally everything ends up like pot calling the kettle black - No one is interested in civic good - legislature,judiciary or the executive. Their individual interests are taken care first with a pretext of constitutional powers granted to them. I guess this is true in most countries without exception. India is no exception and I feel people of India deserve this for they elect their representatives who make laws.
Almost for last 10 years if you read the judgments came out from Supreme Court, it seems there is no clear-cut definition of fundamental right in judge's mind. Whenever a upper class segment of society is getting affected by any decision of parliament then there is a certainly breach of basic rights while a poor woman is languishing in jails or child labor is still being practices, are not subject of urgent attentions. Now the time has come make such selection procedure of judges also so judges are well aware of reality of society and understanding of all it's segments.
I totally agree that the SC has overstepped in the issue of delhi high court and reservation. But what alternative do we have. In our country MPs vote in parliament on what Sonia/Advani or some else decides. They have long been kept away from thinking and make their own opinions on issues. We dont have any back benchers in India. If some MP/MLA speaks a word against the party leader he will certainly be doomed sooner or later. Because of this our parliament is on most occasions not fit for purpose. I sincerely feel(though undemocratic as the author says)that its better, decisions are taken by 5 educated well informed judges than by 500 sheeps debating (thats what they call it) it in the parliament. If it was not for the supreme court delhi's public transport wouldnt have gone green. Do you think our politicians left alone would have done that??
While one agrees with the premise that the judges should not take up miscellaneous issues, I believe, they have to address or re-dress issues of grave impact on a large mass of people.
Unfortunately our executive class and political machinery have such thick skin that they do not care for matters of great import, if the issue at hand is controversial or requires bold decision making.
The court interventions have definitely been of help in correcting or preventing abuse of power by the influential.
Supreme court should review this order of the two judge bench.
Advocates in India have been known for their cheap mentality and how lowly then can stoop to serve the corrupt and powerfuls.
They definitely don't qualify to comment on the Judges. The judges have earned every right to become what they've become unlike the politicians whose sole aim is just to weild power and rape the country. This female is definitely delirious abt whats happening in our country
Afterall its this parliament and the executive which has failed this nation since Independence. Now what credibility does the executive have to choose judges?? In a Secular democracy Religion is separate from the state, Executives are separate from Legislature and Police above all should be equidistant from Politiicans and the Administratives. Is that what we have in India?? How dumb can this author get??
Such cases are abundant all over the country, covering around several lakhs of courts and judicial tribunals. As a miniscule example, a case might have reached the apex court. Our Constitutional arrangement for/of law is very obscure and hazy. Most will agree that the Parliament is final. But again, it is tentative. Because, good or bad apart, the Parliament has no mechanism to supervise courts. Adding to such clumsiness, we are dealing a democracy by the regulatory laws - framed some hundred years ago. Even laws framed after Independence, are according to the dice-pattern of Colonial mindset, that is: how the State to acquire power (and); not how must the State remain obliged to deliver services for common good. So, if there occure conflicts between the Legislature including its absolute subordinate Executive and Judiciary, there is nothing to be astonished about. A ludicrous simily can be drawn to explain the present impasse. How would it look, if you see nuclear warheads carried by bullock-carts?
Sorry to say but at every sentence it is evidently clear that it is the Parliament or legislature, which has failed in all spheres of responsibility. What should be debated in Parliament, is never done. What should be done by legislature is never done. The bureaucracy was long compromised and now the media and the Courts have only tried to stand for justice of people but now both are facing the same issue of accountability and credibility that is destroying this country.
Well taken the subject.Your acceptance to the law making people itself is sufficient for your searches. People just cast their votes by self, motivation,influence or the wave prevailing at the time of election compaign.Citizen starts thinking about a public servant whether he/she a Supreme Court Judge or the PM/Presedient of India who delayed the judjgements of many cases including Babri Masjid demolition case, Shivani Bhatnagar murder case,Gujrat mass killing case and so many.Its not unwilling we citizens asks the Jodhpur Justice for prisoning Salman Khan for killing an eatable substabce where murder hasn't happened in Rajasthan. The person who is sitting in the Honourable Chair should uderstand that he/she is a Public Servant and committed to enforce system what he/she is called for. Rest everything is false and need not to respenod.
RE:Judiciary in our Country ?
by muralidharan pillai on Dec 13, 2007 10:18 AM Permalink
In india can judiciary function honestly?Can judiciary give correct and honest judgements in cases like ayodhy ram mandir/babri masjit.If anything comes against leaders they will say that judiciary overstepping.HOW PM CAN SAY THAT JUDICIARY IS OVERSTEPPING? CAN THESE HONEST LEADERS HAS GOT THE GUTS TO TAKE ACTION AGAINST LEADERS LIKE LALU PRASAD/JAYALALITHA/PASWAN/MULAYAM/MAYAWATI/JAGADISH TITLAR AND SO ON OR BENGAL GOVERMENT.HE AND HIS MADAM SHOUTING SO MUCH FOR GUJARAT WHY CANT FOR NANDIGRAM? IT IS BECAUSE OF PM'S CHAIR/POWER OF CENTRE WHICH THEY GOT AFTER SOMANY YEARS.EVEN WE ARE NOT GETTING ONE GOOD PM/PRESIDENT/VP/ OR ANYTHING.IT IS USELESS GOVERMENT AND LEADERS
