Dont overstep limits, PM tells
Balakrishnan?
Chief justice of
India K G Balakrishnan is the first schedule caste member, is
appointed in this post. Congress says it is the paty which look
after SC/ST. But fact is that teeth of elephant for eating is
different as are shown out side.
The growing
tension between the judiciary and the legislature came to the fore
on Sunday with Prime Minister Manmohan Singh and Chief Justice of
India K G Balakrishnan trying to shield their respective domains
from being encroached on by the other.
While the prime
minister suggested the judiciary should not breach the thin line
dividing the two wings, the Chief Justice asserted that the
perceived tension between courts, legislature and the executive was
a natural and inevitable corollary of a healthy democracy.
The two constitutional heads gave vent to their feelings on a common
platform -- a conference of chief ministers and chief justices of
High Courts at the Vigyan Bhavan -- in the presence of several legal
luminaries.
While Dr Singh spoke at length, virtually advising the judiciary
from over-reaching itself, Balakrishnan, whose speech preceded the
prime minister's inaugural address, left no stone unturned in
asserting the judiciary's independence and particularly its power to
review the actions of Parliament and legislatures.
In Pakistan Chief
justice was under house arrest
In Pakistan the
Chief justice was not only fired but put under house arrest.
Musharraf never really cared about democracy, human right and
solidarity of Pakistani people. For more than half of Pakistan’s
existence, the government has directly been in the hands of military
dictators, aided and abetted by handpicked politicians enjoying
minimal popular support. Even in more democratic times, the
executive has remained dictatorial since the major political parties
have historically been the feudal domains of individuals or
families. The military establishment, the civil bureaucracy, law
enforcement and national security agencies have remained impervious
from accountability whether under military or civilian rule.
Bush has
unprecedented power
In recent
American President George Bush’s administration fired federal seven
judges in America as now Indian Prime Minister. In the United
States, the last century has been characterized by Presidential
aggrandizement. The President’s office still enjoys unprecedented
power.
UK has Elective
Dictatorship
Lord Hailsham’s
characterization of the executive in the UK as an ‘elective
dictatorship’ is an equally apt description of the US Presidency. In
the United Kingdom’s parliamentary system of government, the
legislature has progressively become subservient to the will of the
dominant party
Trinidad PM destabilized judiciary
On
April 2006, 2007 Smallest country twon Trinidad and Tobago Congress
of the People political leader, Winston Dookeran has said: “The
Prime Minister was the one who attempted to manipulate and
destabilize almost every arm of the Judicial and Legal Services
Commission to impose a political agenda and now he must not be
allowed to use the law to run and hide from the consequences of
actions.”
Harper PM of Canada harps his Yes Sir judiciary
And
the Conservatives say "Well, the Liberals have been appointing their
left-wing judges for years and years, now it's our turn."
HELLO?!? This is the voice of Canada. What kind of kindergarten
logic is that??
Canadian Prime Minister Stephen Harper said that he wants judges who
will reflect his government's law-and-order agenda. Like that UPA
and Left want judiciary O.K. on OBC Cremay layer tainted ministry
and
Former Canadian
chief justice Antonio Lamer, who led the Supreme Court of Canada
from 1990-2000, warned Prime Minister Stephen Harper on Feb 19, 2007
against influencing the judiciary to carry out his legislative
agenda.
Former Supreme Court justice Claire L'Heureux-Dubé said:
"Judicial activism, which seems to have motivated this quantum leap
in the composition of the nominations committees, is a myth as has
been proven many times and, more recently, by Justice [Stephen]
Breyer of the Supreme Court of the United States. It is applied to
judges whose decisions one does not agree with."
What the
politicians want and what public desires
Independent
Judiciary is not in the interest of political parties: It's very
clear that no political party wants a truly independent Judiciary.
All have plenty of skeletons, and not even in closet - everyone
knows about them. An independent Judiciary is in the interest of
none of the powerful groups. This puts the judiciary in a difficult
position with no supporter of any political strength behind as we
saw on the interim stay order of Supreme Court on OBC quota and
raising fingers on religion based reservation.
It also shows
vast difference between what the politicians want and what public
desires. While public hopes for a just system, politicians (all of
them) aspire for a system running under their control and which is a
threat only to their opponents.
Democratic
tyranny of minority government
Only an
independent and impartial judiciary can offer some challenge to an
executive determined to expand its sphere of powers, occasionally
hold it legally accountable and thereby force the executive to take
full political responsibility for some of its actions. The judiciary
is, by default, the only institution capable of playing this role.
Role of
Opposition, Media and the Public
The alternatives
are political accountability by the opposition, the civil society
and/or the media. Further, the judiciary is not prone to
aggrandizement in the same way that the executive or a legislature
dominated by the executive is.
As I have
explained so called secular media wants to see Sonia or her son as a
future PM. Time to time Lef Leaning foreing funded NDTV and CNN-IBN
publicized survey through comrade Yadvendra Yadav or else on this
direction. Now they are giving exist poll result to fulfill this
purpose. Full time director Pranoy Roy of NDTV has dual loyalty one
is towards Samajwadi Party an ally of CPI (M) in UP and as well as
for Rahul Gandhi. I have given in the past bio data of Pranoy Roy.
Their survery says no incumbency factor for Mulasyam’s party and
Congress is making ground due to the roadshows of Rahul Gandhi. BJP
is far behind in the race. Their opinion poll of UP and Punjab was
also told the same false propaganda. It is a crime against
journalism and democracy. Every one want publicity, so no one want
to say against them and not a single camera hiding behind their
corrupt journalism.
Opposition is
also facing hrashment due to the partiality of Marxist Somnath
Chatterjee and double role of leftists in the parliament. They
participate in government as well as them act drama of opposition in
and out of the parliament. We are in a democratic system of Hitler
and Mussoline. We are facing a democratic tyrany.
The
need of the hour is that the legal profession involves itself in
welfare activities of the society and takes part in nation building
thereby contributing its bit in proper implementation of various
welfare schemes for the poor. Judicial activism characterized by
moderation and self restraint is bound to restore the faith of the
people in the efficacy of the democratic institutions which alone,
in turn, will activate the executive and the legislature to function
effectively under the vigilant eye of the judiciary as ordained by
the Constitution
The PM Manmohan
Singh raised the twin issues of corruption in judiciary and delay in
the delivery of justice.
The chief justice
of India agreed with the two aims but also pointed out the lack of
number of judges and other financial and infrastructure
inadequacies. Yet, the judge said that corruption has to be attacked
and also delivery of justice be done faster. Talking in Chennai soon
afterwards the chief justice said that politics has no place in
judicial appointments, in the high courts, keeping in mind, we guess
that Chennai lawyers as a class are prone to play the caste card in
judges selection etc. The political parties, at least some of them
have one aim: to elevate their caste men to high court judges. Yes,
the state of the judicial appointments have become so politicised
and much of what is wrong with this side of the story in never told.
The disease is all pervasive from New Delhi down to the State
capitals!
Our justice
system is the only hope. The people have enormous faith in the
Supreme Court’s wisdom to become active and pronounce judgments and
give directions to the government.
So, judicial
activism is the need of the day. More such judicial activism only
can inspire confidence among the public to tackle the highly corrupt
government machinery