What does she mean when she says "Petitioners, who have no track record of any work of human rights, file petitions in the name of violation of Fundamental Rights"
Is it her and Arundhati's ilk which has a copyright on Human rights.
A very important issue which is sadly neglectyed that the Judges of the High Courts are selected by the CJ and do not have to pass any test/exam etc. Why? This is all the more incomprehensible when even a cl;ass 4 employee of the Govt. has to clear an appropriate exam and is only then selected.
RE:Judiciary in India
by Sathish N on Dec 12, 2007 08:21 PM Permalink
Exam should not be the criteria for selecting judges. Our education system needs to be totally revamped. A good mix of knowledge and attitude should be the deciding criteria for appointing anyone in an administrative or judicial post. For repetitive work, anybody will do.
RE:Judiciary in India
by Venu gopal on Dec 13, 2007 09:44 AM Permalink
Don't think about quality.Think about caste and minority status etc etc...Who care about quality of the system? All are thinking about to earn money at any cost. Nobody care about nation...Media, politics.. even judiciary ....
This is very essential in our country because the politicians are thick skinned. For example wearing helmet or fastening seat belt. How many Ministers/politicians/police respect his rule? Very often I find these people violating it. If it is any other country the police book a case irrespective of the stature of the politician. One Ex-DGP Mr.Sen stated to be close to Congress President comments whether judges should abide law or not when one of his traffic constable caught hold of Judge drving with out fastening seat belt and given high publicity. Several Lawyers smoke in the court premises knowing fully well about the Supreme court judgement on smoking in public places. The appointment of judges is having political say. Unless they clear nobody gets appointed. What India needs utmost is an age limit/term limit for politicians to get into legislature/parliament. Once this is done there will be a change in the overall system and people start respecting the roles they are required to play. All people should be asked to participate in referendum on this. P.S.R.SWAMI
whwn legislatures and police join hand,then what the common man should do.for example unauthorised construction,land encroachments,yamuna pushta encroachment,no water supply,having hand in glove with the blue line transporters in delhi. where common man should go.people in highest legislature involved in scams.police is highly corrupt.court passes death penality and legislature do not act for securing vote banks.judiciary has been made mockery.lower court judges are claimed by masses as corrupt.what to say and what not to say.people have no choice except for public interest litigation.credit goes to judges for introduction of liquid natural gas run buses in delhi.people were suffering from asthama.got some relief.our leaders are poor in all fields.they get elected in name of caste,religion etc etc. what is the merit of these leaders.recently case of dr.venugopla versus dr.ramdoss is glaring example.judges have to come to the rescue of the masses.our leaders never want to get down from seat of power.die in the chair.dr.venugopal,you are above 65 years.hence get down.why not this rule apply to minsters.parliamentarians fix their own cmfortable wages and perks.do not attend the parliament regularly.very very poor show.people of this country have left no hope for this type of democaracy.bunch of fools can not replace a single most intelligent person.newton found many laws of nature,others could not find.we are looking for people like newton in our political system.
RE:court's jurisdiction
by abcd efg on Dec 12, 2007 08:27 PM Permalink
very true..it is the political failure and no point blaming the judiciary or media for it. Our political system is the root of all evil in India.
Checks and limitations are always important. True that the Judgements and Courts in India should not be and can not be a substitute for enactments and assemblies. But at the same time generalising the entire issue of Public Int. Litigations with that of judicial activism may not be very appreciable.Significance of Public Int. Litigation with regards to Taj case, Pollution control matters (specially air(CNG) and sound pollution), Tihar Inmates matters and other countless issues are remarkable. It is now for the Larger banch of the Supreme court to decide this issue.
Let us hope that Judicial Accountability overweigh Judicial activism and a complete full stop is not put over the later one.
tha govt must increase the post of judges as the no of judges possts were fixed in 1950 on the basis of then population which was 40 crores.Now the population is 100 crores.Besides our parliamentrians have done so many amendments in the constitution without applying their mind which has increased the load on judges. Judges require holidays as even during holidays they study files and relevant matters besides the judges of high courts and supreme court are overburdened bcoz of abovementioned reasons and need a well deservwd rest.
RE:increase thepost of judges
by farha deeba on Dec 12, 2007 07:27 PM Permalink
Why doesn't the same apply to all the other ppl. A overstressed policeman can shoot an innocent. An overstressed doctor and suggest incorrect medicine. An overstressed IAS officer can take wrong policy decision.
By putting these examples i want to stress that other also prerform crucial task. Which can be of extreme significance.
The dangerous issue is consistency with the hudges. What one judge states is not acceptable for other judge and that too in a subordinate court.Mental cruelty has been elaborated by supreme court in many cases and they have told that the rift has to be seen and if no patching is possible, divorce is the solution. Why the subordinate courts are not adhering to the judgements of the supreme court. Are they not bound by this? This shows that there is no proper monitoring mechanims for those who are judges and they can pass orders at will and it will be unquestionable. If this is going to happen the pristine glory of judicial system will be at stake. Lok adalats function erratically and they force the person to unite and forget all the past deeds of the wife. Is this is called as compromise. They misuse the word compromise and it is nothing but a legal panchayat system. Judicial accountability will not set right the system. It is the uniformity and the prescription for a given disease. Orders should be like that and the litigant should know that if this is the problem he could get this solution before hand and it wont affect his life.Nonconsummation of marriage has to flow from the mouth of the parties and if one person lies, there is no point in believing the lied version. Prudence is the need of the hour. The court should not force people to live in matrimony and they should be pragmatic when they make decisions.Unwilling spouse should not be compelled to live. Let us pray for
Leave high and supreme courts, the wide spread problem of illogical judgements at session and district courts is a big nuiance to judicial system. Judiciary at lower level is as corrupt as police. Both in cahoots make life miserable for the common man.
RE:Judiciary
by Sathish N on Dec 12, 2007 08:24 PM Permalink
And high court is out of reach of common man. Advocates of Supreme court charge very high that unless you are in the upper middle class or above, it is better to go to jail for something you have not done rather than experience the hell outside.
RE:Judiciary
by ASHOK on Dec 12, 2007 07:15 PM Permalink
Yes you have spelled out the real / core problem in Just 2 lines. Lower courts and Police Goons are all SAME.
THEY HAVE MADE THE LIFE OF COMMON MAN HELL And they help breed TERRORISM
1. We have an endless list of pending cases. 2. No. of holidays in court exceeds those of primary school. (summer vaccation, winter, durga puja, etc etc.)
What to say?
I hope this doesn't amount to any contempt. And this just amounts to freedom of speech.
