Judicial Accountability.
by ravi prakash on Dec 13, 2007 11:18 AM
Indira Jaisingh is a respected Supreme Court lawyer. The points raised in her article pertain to: a) There is a confusion in the mind of the Judges as to what is a PIL and what is a frivolous petition. b)There should not be any direct entry to the SC but through some "proper channel". c)The judges should not interpret the laws since this is tantamount to making laws. d) The SC should not undertake or force executive actions as in the Delhi sealing case. e) The selection of judges is biased and elitist. f) The parliament is supreme in law making and knows best.The courts should only interpret as per the letter. These observations have been made by a number of people at various times but mostly by politicians. It is most unexpected that such observations should come from a lawyer of her standing.The issues raised have been debated and there have been instances when the lawmakers have overturned fundamental rights of individual citizens in the interest of equity but these have had to reviewed and annuled. Our parliament has shown its incapability to review useless laws even as they pass laws to secure forced retirement of individuals or allow convicted criminals to remain unpunished. Can the Supreme Court pass strictures against the Govt for not implementing the punishment on the convict tried for the Parliament shoot out case.Would this be judicial interference?
