Tuesday, October 20, 2015

Judges will select judges in India.

The Supreme court in India has spoken loudly. It has declared the the national judicial commission as un-constitutional & has reinstated the Collegium system . India that is Bharat is the only country in this world to opt for this system . The supremacy of parliament, an elected body has been sidelined,the politicians have no say in the appointment of judges.The unanimous decision of parliament & acceptance by 28 states have been deleted. Prior to 1993, the judges were appointed by the Govt & eminent judges held the chief justice post & delivered famous judgments, In 1976 Hasraj Khanna was superseded.
Law making should be in the domain of Parliament ,the SC should not become a Third chamber : The Colligium system is flawed,lacks transparency.The case of Gopal Subramanium is relevant.In 1993 the rule was changed, did it mean we did not have an Independent Judiciary for 46 years?? Courts cannot legislate,it is not their business, as per the constitution ,drafted by BM Ambedkar:
The govt is the biggest litigant in this country & as such is an interested party ! we all know how CJ Sadasivan was appointed as governor of Kerala by the Govt.Who is an eminent person? SC, ST. OBC ??? What is the current thinking of the Govt ? will the Govt accept defeat ? or will it fight back ? establish the sovereignty of the people,represented by Parliament ?We have to wait & watch !

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