Supreme court has delviered a judgement which sheilded politicians form the Court. There is enough evidence to show that Laws were put under 9th schedule under political pressure and to safegaurd vested interest of the politicians and not the country.
Indira Jaisingh takes a flight of fancy when she argues for 'fundamental rights of Employers/industry' and links it to 'Basic Structure of constitution'. Serious humour on her part.
I am sorry but have great doubt that Indiar might be paid to write such article. I am sure that she has spend good enough time in judicial system, and must be aware of that since our independence atleast at Supreme court level, court has pro-actively and balancing acted to protect our democratic value. May be case of Indiar Gandhi election verdict or recent intervention in AIIMs controversy or Mattu case. So people have till today more faith in higher court than Strategically lost, tactically confused and executively dumb politicians.
THIS IS REALLY A GREAT JUDGMENT.Indira Jaising's article is totally biased one.She should look into real intention of the Judgment,shouldnot worry about corrupt and power hungry politicians.
I think the article raises very important point that needs to be debated. Fact remains that courts have been forced to become "activist" due to lack of leadership or biased approach of politicians. In the short term, we don't see alternative as our democracy is fast turning into mobocracy. We need courts to provide the required balance and from that perspective, this judgement seems correct.
But looking at the fundamenta facts, it is also clear that courts are stepping out of their domain. Perhaps with maturing of democracy we will be able to reach a situation where politicians will show the needed leadership and then courts will revert back to their constitutional duty of interpreting the law as it is written and parliament will ensure that laws are modified keeping in mind the demands of changing time.
Long Live Supreme Court. At last there is some respite for Indian citizens. This is what happens, when "paap ka ghada phootata hai". Politicians and bureaucrats have made a mockery of Indian governance for their personal gains. Release of Manu Sharma, terror of D.P. Yadav goons, unresolved murder mysteries, despite knowledge of violators everywhere you see the ugly face of "manipulative power". Three cheers to Supreme Court. Hats off to Indian Judiciary System. Shibu Soren abused his power. Why? Because he thought - he is above law? there are a bunch of them, who need the tightening of laws by such measures.
Welcome judegement! Though Indira Jaising has a point that the 'self-nominated' judiciary would become more powerful by this verdict of january 11,2007, I would say that the nation is more threatened by the the spine-less politicians of today. They are a threat to the integrity of the nation, and not the intellectual class of our Supreme Court judges! Whereas a balane between law-makers and judiciary is certainly warranted, our morally-debased politicians are really nor doing their bit.
The author describes supreme court as a sort of dictator by saying that its more powerful but more unaccountable... It is accountable as it needs to give rational and contitutional explanation for each and every verdict... it is bounded abided by the consitution... and its own verdicts are revisable by another jury...
Its our politicians who try to become the most powerful and most unaccountable thru the 9th schedule... Thank God its eliminated now and hope the politicians wont do anything crooked to bypass this verdict.
It is furtune for Indians who have been blessed by such a excellent judiciary and well educated and intigrated judges with inteligency. Let us pay GOD that they should not be spoiled by these dirty politicians who are growing enarimously in our country, I congratulate and Salute for the excellent Judgement on 11th Jan 07
Indira Jaising's article is very much disappointing. It is biased & appears to be politically motivated. If our politicians, who are only interested in petty political gains than any good of this country join hands with such lawyers, only God can save the Country !
This is the best things happening in India and for our future. In developed country any amendment can also be challenged in court based on Fundamental rights and this decision by court is very great decision indeed. This decision no doubt will have far reaching consequences and might change the way India is ruled. There will be many ups and downs between judiciary and legislators, but finally it will be the court and people who will benefit by this. Till recently our democracy would not have been called as fully democratic, but recent acts like RTI and today this ruling we are moving ahead towards full democracy, where government is for people, by the people and for the people. And now people can question the government and their policies and again Kudos for Supreme Court.
The author no doubt is one sided in her argument but being a lawyer and the author she should have looked into ruling as a whole and its consequences.
