Friday, July 12, 2013

Re: [IAC#RG] Are judges becoming too powerful ?

Mr Gaur,
 
    My compliments for a very well argued rejoinder to the mail advocating restrain on behalf of the judiciary . In dire times we need to look at the over all effect of an action by a constitutional entity ; rather than sit knit picking as to  "whose turf " , if at all has been trespassed ! What is being advocated is exactly the malaise exploited by the babus , netas & some of the so called Constitutional experts to stall any corrective move by just a handful of conscientious individuals left in the Constitutional institutions . Recall the statement from our very learned FM  post 'Chit Fund ' scam -- " it happened 'cause there are grey areas in respect of the turf of regulating bodies (!)" or words to that effect. 
  
    Another absurd logic is since the judiciary too have black sheep amongst them , what right do they have to point fingers at others ? It reminds one of the out of times wisdom of the hoary past , often quoted that only those who have not sinned ever may cast the first stone! Mr NS Venkatraman , then no sinner will ever get punished & we are doomed for ever & ever . The coming generations will never forgive us for the mess we will leave behind for them to suffer .
  • Moral of the Story :   When the choice is between ; you act you will be damned and if you don't act the nation / society will be damned , the wise would agree to act & be damned ! Let us compliment them !! 
 
= = Maj Gen N Bahadur,Veteran
      National Convener, SSSM.
From: Gaur J K <gaurjk@hotmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Friday, 12 July 2013 3:39 PM
Subject: RE: [IAC#RG] Are judges becoming too powerful ?

Dt.12/7/13
No sir, I dont think so.
If you have the recent pronouncements about election in mind, please think in which democratic countries, almost 1/3 of the MPs have criminal cases pending against them? The argument of the politicians that most of them are politically motivated, is specious. If the fault lies with police investigation, imagine how many innocents from civil society must be languishing in prisons through false and motivated cases of the family,relations and the State.
Election reforms have been overdue and there was so much discussion on this forum.
All political parties pay lip service to the reforms but do precious little through legislation/amendment in election laws.
In which democracy you have scams unearthed year after year as in India Tjere were 21 scams in 2011 and 20 in 2012 as listed inWikipedia and the list goes upto 1948 in decending number.
CIC,s historical decison on Scope of RTI extending to political parties is being negated through ordinance or amendment in the ACT.
Governance abhors vaccum and if the executive and the legislature leave the space,judiciary which is very much a part of governance has to step in.
Regds
JKGaur 
 
Date: Thu, 11 Jul 2013 20:20:15 +0530
From: nsvenkatchennai@gmail.com
To: indiaresists@lists.riseup.net
Subject: [IAC#RG] Are judges becoming too powerful ?

 To
India Against Corruption



                                    Are judges becoming too powerful  ?


In recent times, it appears that the country is being run by judiciary.  There are many occasions when one may  think that the judiciary  is commenting and passing judgements on matters , which should really form part of governance  and  where there is  no issue of law involved.  
Even if there are potholes on the road , people take the issue to court and the judges entertain such cases and then make strong observations about the poor  quality of governance.  In the process, reluctantly or otherwise, the  judiciary  is  causing great damage to the reputation of the government and  reducing the esteem of the persons holding high and responsible position such as Prime Minister,  in the eyes of the citizens. 
In our country where  the credibility  of ministers, politicians and bureaucrats have become so low, many people tend to support judiciary  without questioning the appropriateness of the role of judiciary in  interfering in the matters of governance , when it makes highly adverse comments.
 We seem to be redefining  the role of judiciary in India.  The question is whether all  the judges are always honest  and credible unlike some  politicians and bureaucrats.  The sad fact is that many judges themselves have been accused of dishonest practices and  corruption in recent times.   Is it right  to put so much of faith on the judiciary in such conditions  and is it not a calculated risk ?
Since  citizens  feel  helpless  in the light of  the  inefficiency and corruption of the ministers and government machinery and  are  desperately looking for solution, judiciary  appears to be stepping   into  the vacuum.


N.S.Venkataraman
Nandini Voice For The Deprived
Email:- nsvenkatchennai@gmail.com

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