Are those commenting upon judiciary, laws, bureaucracy, governance, etc. are qualified to comment. Firstly, one must study "as the things exist", or "as the judiciary is, bureaucracy is, as the law is etc. next step is try to understand why the things are "as they are". There is difference between what aught to be and what is. When one find faults with system in place either it could be lack of proper education or knowledge or unguided person who is unable to focus and identify the root cause and find solution to it. In the world every problem has a solution. Most of the discussion at emanating from the so called India-resists seems to be from confused lot.
All over the world there are more are less identical common law system where universal principles are same such as separation of power in governance of democratically elected government. That is, executive, legislature and judiciary are three pillars providing check and balance of functions. In common law countries there are rights and privileges conferred on citizens through enunciated guarantee by written constitution. The functions of law making is distributed between federal or central government and states in federal system etc. None of the arguments put forward in the emails circulated have either theoretical or practical or academic basis. It is like self deception.
Dr. Ratnakar Gedam
From: ramasamy pitchappan <indiaresists@lists.riseup.net>
To: indiaresists@lists.riseup.net; ravindra malhotra <rnmalhotra_in@yahoo.com>
Sent: Monday, August 29, 2016 5:24 PM
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
Indian judiciary and governance is a
Will India become quality based, one day!
systematic vandelism by the (pseudo) elites - wherever they are.
The problem is British left, but not their beuracracy. This applies in the case of judges also. But British have changed, we still have their code of conduct.
Will India become quality based, one day!
Doubtful. Root cause is the failure of our educational system, and failure of our elites. Most are egocentric and do not participate in nation building exercise - global economy a boon for them. This lead to bickering, private education, somehow employed in th Govt, or otherwise, get "alms", amaze wealth, and abuse all innocents, 95% of India, for their favour. With every move, corruption is systematised: a perfect system, including judiciary, has been developed.
India is still the best - we boast - for democracy and tolerance. But when will a common man get a service from GOVT, without paying a 'price'.
The light in the tunnel is far away.
Pitchappan
On Friday, August 26, 2016, 20:21, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
Evidently, there are ills in our judicial system. No use blaming only judiciary for the same. It is a combination of so many factors - some of which that come to mind are as follows -
1. Outdated laws that the executive has failed to update.
2. Very large number of vacancies in Judiciaries for which political bosses and executives are equally responsible as the judiciary itself. Bureaucratic delays in approvals are galore.
3. Government the biggest litigant - responsible the bureaucratic approach - some times Govt goes for litigation for small sums up to supreme court against poor employees / residents.
4. Advocates - who by unscrupulous means keep on extending the proceedings by forcing adjournments for their personnel gains
5. Corruption amongst advocates as well as judiciary
R.N.Malhotra
--------------------------------------------
On Fri, 8/19/16, Gaur J K <gaurjk@hotmail.com> wrote:
Subject: Re: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW RESTRAINT IN HIS OBSERVATIONS
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Date: Friday, August 19, 2016, 1:31 PM
19/8/16
This holier than thou attitude of the Chief justice is
not helpful. It clearly negates any suggestion for
improvement in the working of the judiciary. Corruption is
not an issue for him. Suggestion that there should be court
of Appeals in metropolitan cities
like Chennai ,Calcutta and Mumbai is not acceptable to him.
Commercial courts for Govt. litigation is not being
implemented.Gram Panchayats and alternative fora to ease the
pendency is not being implemented.Regds
From:
indiaresists-request@lists.riseup.net
<indiaresists-request@lists.riseup.net> on behalf of
Venkatraman Ns <nsvenkatchennai@gmail.com>
Sent: Saturday, August 13, 2016 7:38 PM
To: indiaresists@lists.riseup.net
Subject: [IAC#RG] CHIEF JUSTICE OF INDIA NEED TO SHOW
RESTRAINT IN HIS OBSERVATIONS
To
India Against Corruption
CHIEF JUSTICE OF INDIA
NEED TO SHOW RESTRAINT IN HIS
OBSERVATIONS
In open court, Chief Justice of
India has accused central government of bringing the entire
judiciary to a "grinding halt" by sitting on the
recommendations of the collegium for appointment and
transfer
of judges to high courts across the country. It is
disturbing that he went to the extent of saying that the
court would not shy away from a confrontation with the
government, if driven to a corner. He made such
remarks even when the Attorney General assured
that the issue would be taken up at the highest
level.
Even while the Chief Justice made
such sharp remarks, the law minister has said that
appointment of number of judges would be finalized very
soon. Is Chief Justice not aware of this?
The collegium issue has been under
discussions for quite sometime now and many have questioned
the judges themselves appointing the judges , when several
judges at various levels have been caught in corruption
scandals with one former Chief Justice of India
himself being one of the accused.
Government stand appears to
be that there must be proper procedure and transparency in
selection of judges. There is nothing wrong with this view.
Chief Justice rejects the
government's view and insists that he should have the
final say. This stand of the Chief Justice is the origin of
the confrontation.
It would have been appropriate if
Chief Justice has read the mood of the people, who are
increasingly not sure about the caliber of some of the
judges.
Reflecting such public mood , he
should accept the need for a level of transparency in the
appointment of judges. Threat of confrontation by Chief
Justice is not in tune with the functioning of the
judiciary.
N.S.Venkataraman
Nandini Voice for The
Deprived
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