The most of the comments are appreciable. It is the Politicians, who are to be blamed for the Supreme Court coming to men them. Alteast, the SC had spoken what should have been looked by our elected representatives,"the interest of mass". And, I didn't expect the Lawers in Supreme Court, getting sold up into the hands of Plunderers (Politicians and Corporates) so easily.
The article by Jaisingh is well written one sided story and raises the fear of globilisation and is biased. The question here is not which is supreme. At the present juncture, when political class is corrupt and inefficient the SC has taken the decision after much thought. May be after 20 years if SC over reaches and our politicians start behaving and are disciplined, there is always scope for review again as is the case today and people then will support parliament's supremacy. As of now there is no doubt that this is the best for India.
First of all, the article itself smells biased. As rightly pointed out by a fellow reader that today we feel safer in the hands of Judiciary than in those of politics. Well educated,well slected and proved Judeges adore the SC and we all know the adjectives to be used for LS or vidhan Sabha. It is a welcome law, a much needed respite for the current times.
I fully agree with the judgement of the SC. Our politicians have been indulging in the policies adopted by the colonial rulers - divide and rule. Indian Marxists are the biggest enemies of the country. But most of the amendments under the 9th schedule were made under the Congress rule. It will be interesting to see how Congress and their Marxist allies bring in the recommendation of the Sachhar Committtee, how they (in this case BJP too is involved) bring in the constitutional amendment to regularise the illegal commercial activities from the residential areas in and around Delhi. I am most happy to see a powerful SC. The author terms SC as unaccountable after this judgement. Why has she not mentioned about the unethical, illogical, and corrupt practices adopted by our politicians in the parliament in the garb of supremacy of the parliament? SC at least sees everything with fairness, logic and a progressive way. Give them the power and I am sure most of our Honourable MPs would not hesitate to sell our own motherland. The next step SC must take into its own hand is to cleanse the electoral system under which no tainted person is able to contest even a Panchayat election let alone the elections to the Parliament of India.
Yes! Every law passed by Parliament should be reviewed by judiciary. There is high level corruption involved in legislature and most of these laws have made for the personal & political benefits of our Ministers and MPs. It has already proven in the issues like Office of Profit & Reservation in Higher Education. So, judicial review becomes necessary for the fairness of any law.
KUDOS ! AFTER A LONG TIME I AM READING A BRILLIANT SHORT ESSAY ON REDIFF by Ms.INDIRA JAISINGH. LET US NOT BE STUPEFIED THAT THE INTERESTS PROTECTED BY LEGISLATURE AND JUDICIARY ARE DIFFERENT. AT LEAST, THE FORMER IS ACCOUNTABLE TO THE PEOPLE, WHILE THE LATTER FUNCTIONS LIKE AN OLIGARCHY - IN ITS APPOINTMENT AND FUNCTIONING...
RE:BRILLIANT ESSAY
by Abhinav Bhatnagar on Jan 12, 2007 09:30 AM Permalink
Nitin, There is no link between Globalization, fundamental right of Companies/employer and Basic Structure of Constitution. Indira does not provide any evidence when she accuses SC to be a protector of Globalization/Liberaisation.
RE:BRILLIANT ESSAY
by chandan b on Jan 12, 2007 12:40 AM Permalink
Look at this idiot like indira.. he thinks Legislature is accountable to the people in INDIA...my foot
It has been used many times to put SC out of the way from petty politics, telling by the government that "we will put this in Ninth schedule" (our speaker favorites words). Now it can be challenged. It is nice. As the law is binding to all, hope the govt will learn something from it. Indian democracy has been a shame for its citizen. After so many years of independence, we are not able to achieve an equal level field for all citizens irrespective of their caste, religion and color and background. This is because of short sightedness of the so called heroes of early government. We have just achieve what could be archived by a third class government involving third class people who think they were God and doing great to the nation. Hope time will change.
I agree with my fellow reader that Ms Jaising's article is praiseworthy.
But, in my opinion, there is a definite need for the Supreme Court to monitor (and revoke if needed) "laws" which were enacted by the Legislative's for pure "Vote Politics". One such law which comes to my mind is Reservation for OBC (especially Creame layer) in Higher Education.
I have full faith in Supreme Court and I see this judgement as GREAT....
As I understand, the Indian Judiciary is not self-nominated. Even in the nomination/appointment of Judges to the Higj Courts and the Supreme Court there is a greater amount of political involvement. The Indian Judiciary is not totally independant. There is no supervision/scrutiny over the Judgements of the lower Courts. People have to wait for years together and are forced to carry the matters to the highest Court in otder to get Justice. Think how safe are the people of India in an unaccountable Judiciary?
