Re: [HumJanenge] Re: IMPORTANT SPECIAL NOTICE

Dear Sunil,

 

I eco what you have written. Independence of judiciary should not be construed as immunity of judges from any acts & ommissions regardless of whether such Act & ommission is in confirmity with the provisions of The Constitution of India or enavctments by parliament.  Mostly it is not, So accountability of judges is a must. e.g. former CJI KGB's ruling in Kannapuram Gandaiah vs. CAO of Hyderabad High court which is violative of Constitution & power of the people in Democracy.

 

My seeking information from Dr, Manmohan Singh on a complaint by me against Veerappa Moily for not providimng information about action on letter by former CJI KGB to PM to ammend section 8 of RTI & the latter forwarding it Mr. Moily for implementation remain unreplied since 5 months.

 

Regards,

WEDS

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From: Sunil Ahya <sunilahya@gmail.com>
To: humjanenge@googlegroups.com
Sent: Thu, 11 November, 2010 23:30:11
Subject: Re: [HumJanenge] Re: IMPORTANT SPECIAL NOTICE

Dear WEDS,

1.      Any democratic form of government comprises of three branches namely Legislature, Executive and Judiciary.

 

The primary function of the judicial branch of a government is to hold trials and decide cases under the nation's laws.

 

The Legislature and Executive discharge their functions under the Constitution and similarly the Judiciary discharges its own functions under the same.

 

Although, each of these branches discharges different / separate functions, but collectively they comprise the government and govern the nation.

 

Hence, a judiciary indeed is a branch of the government and is included within the meaning of the term "Government" as mentioned in Art.12 and as a consequence included within the meaning of the term "the State" as defined under Article12 of the Constitution of India.

 

The Doctrine of Independence of Judiciary is for protection of Judges in particular and shielding the judicial branch in general from improper influence by the other branches of a government to ensure discharge of free and fair judicial process and has no bearing on whether judiciary is a branch of a government or not.

Warm Regards,

Sunil.

--
It is not always the same thing to be a good man and a good citizen - Aristotle