Judges may well be preserving the hopes of citizens with rejection

Supreme court may well be right in declaring national judicial appoints commission act unconstitutional

prahlad

Prahlad Rao | October 17, 2015


#Judges   #NJAC Judgment   #judges appointments commission   #Judiciary  

Nobody is perfect. But the notion of hope in the delivery of justice is what the supreme court has tried preserve with the verdict on judges appointments commission (NJAC).

The legislature is inaccessible, the executive is faceless but in India the judiciary stays both accessible and has faces. This access keeps the hopes of the millions in the system and the highest court of the land has tried to preserve it.

The executive in India is most uncooperative and non-responsive. The legislature makes noise and functions less. And the legislators hardly command any respect or earn honour. Only the judiciary, despite aberrations, still retains the position of giving remedy and justice to the voiceless. It may take decades but a verdict is guaranteed.

If the supreme court judges are guarding their turf, they are just reflecting what most of us do. We do not yield, either in thought or in action. The executive drafts a law with such glaring loopholes that people with means can slip through with ease. Their accountability to the people is less said the better.

The legislator is the most hated and untrustworthy character in the Indian democracy and still likes to extend influence in every conceivable corners of the society. A private citizen can never fight the system unless he or she has the court of law to back them.

Judiciary has become the last resort of hope for Indians hemmed in by corruption, nepotism, neglect and oppression of the system. It is justified that the supreme court has sought to preserve this notion of hope with assertion of its right.

The SC bench was headed by justice JS Khehar. He wrote in the verdict on Friday that “it would be of utmost importance therefore, to shield judicial appointments, from any political-executive interference, to preserve the ‘independence of the judiciary’, from the regime of the spoils system.”

The bench said that appointment of judges is “really the foundational part” of independence of judiciary as it rejected the Union government’s contention that it is a “small part and certainly not a predominant part” of free dispensation machinery.

During the hearing, attorney general Mukul Rohatgi tried to take out the credibility of the judiciary by making some references to past appointments to the supreme court, so as to “trumpet the accusation that the ‘collegium system’ had not functioned efficiently”.

But these kinds of examples are thousands in both the legislature and executive branch. 

It is imperative that all three arms of the democracy should act in cooperative and cohesive manner to preserve the trust of a citizen in the system. Currently, that trust rests only with the judiciary and do not take that away.

Text of the verdict: click Here

Comments

 

Other News

Modi inaugurates India’s longest bridge in Assam

  Prime minister Narendra Modi celebrated three-year of his government on May 26 by inaugurating Dhola-Sadiya bridge over the Brahmaputra river in Assam’s Tinsukia district. It is the longest bridge in India, which runs 9.15 km from end to end and connects Assam with Arunachal Pradesh.

IndianOil registers highest ever profit of Rs 19,106 crore

 IndianOil posted a net profit of Rs 19,106 crore for 2016-17 fiscal as compared to a profit of Rs 11,242 crore in the last fiscal. The income from operations for the financial year 2016-17 was Rs 4,45,373 crore as compared to Rs 4,06,828 crore in the previous fiscal. IndianOil`s income from

Maiden flight of HAL’s light utility helicopter

 Hindustan Aeronautics Limited (HAL) carried out first flight of light utility helicopter (LUH)-PT-2 on May 22 at its Bengaluru-based facility. The flight duration was about 22 minutes and pilots reported nil snag, HAL said.   “These maiden flights of indig

The rise and rise of muscular nationalism

 Narendra Modi is like Greek mythology’s King Midas: whatever he touches turns into gold. Most people in this country are left dazzled by his ability to make dramatic announcements with a statuesque flourish.   The past three years of the Modi government have left the

BHEL unveils 270 MW thermal unit in Maharashtra

Bharat Heavy Electricals Limited (BHEL) has added another feather to its cap by successfully commissioning another 270 MW thermal unit at RattanIndia Nasik Power Limited’s 5x270 MW thermal power project at Sinnar (Nasik) in Maharashtra.   This is the fourth unit to be c

India is second largest stainless steel producer in the world: steel minister

Chaudhary Birender Singh, minister for steel, said that the Indian steel industry is at the cusp of a significant milestone by becoming the second largest stainless steel producer in the world, leaving behind Japan. He said that the steel sector is only an example of all-round development in India. The c



Video

सुषमा ने किया देश की बेटी का स्वागत

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter