Hum Janenge: Re: [IAC#RG] Supreme Court Collegium

Wednesday, March 6, 2013

Re: [IAC#RG] Supreme Court Collegium

though there may be a downside in elected bunch of thugs also putting judiciary in position - if they are representatives of people, it would be perfect.... in a perfect world. This ain't perfect. I admit it.

So now what? perhaps the proportional representation and negative votes first, then this? Perhaps both together, using the changed power dynamics to further destabilize corrupt status quos?

I don't know.

Vidyut

On Thu, Mar 7, 2013 at 8:13 AM, Vidyut Kale <wide.aware@gmail.com> wrote:

I did not get why this should be so.

On Thu, Feb 28, 2013 at 7:10 PM, Dinesh Verma <dcverma06@gmail.com> wrote:

No politics be introduced in appointment of HC/SC Judges.It will be very dangerous
for independence of judiciary.

D.C.Verma

In a democracy, is the state not acting on behalf of the people? What say do people have in the judiciary? With this logic, why should we have a Ministry of defense? Surely Army can operate on funds govt gives it?

I am not saying that it is wise to allow politicians a say in it. God knows they aren't exactly bright on things that matter and are likely selling the earth out from under your feet, but for better or for worse, they are the conduit for the will of the people manifesting itself in how the country runs.

It makes sense to weed out corruption, but it also makes sense for the representatives of the people to have a say in the appointment of judiciary (but not functioning) - for example, arbitrary transfers of public prosecutors who don't toe lines are far more damaging a power we have given the politicians. So it isn't like there is a separation on the functional level.

In contrast, it might bring the fear of God all down the line if top jobs were indirectly influenced by voters. It may also give a useful power to the judiciary in terms of difficult judgments where mass sentiment becomes a factor if the judge is one who is indirectly supported by the majority of the country. Far less fear of political riots - for example - if it becomes clear that the guys massing on the street claiming to be all of India aren't necessarily that, because the guy giving the judgment is one who's born of direct representatives.

Vidyut