Tuesday, October 10, 2017

Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Dear Mr Malhotra,

I do not wish to debate this further, but would nevertheless state two points:

1. Politicians have to face the electorate every 5 years - what is the recall route for a bureaucrat or a judge? And, I didn't say that the bureaucrats should appoint judges, but the Executive, as in the Cabinet, should do so,  and then such decisions should get an up or down vote by the legislature - for the HC/SC.

2. Move to a jury system - then, the role and power (and, hence, corruption) of a judge is automatically reduced. The judge acts as an umpire, and not a player, as they do now. This is THE crying need for our justice system.

If you think that we can get justice in our court system today without money or having an influential lawyer as a relative, you are sadly mistaken. In commercial matters, it is worse as even arbitration matters are impossible to enforce these days. (It is no wonder that Indian corporates no longer want to invest in India.)

Thanks

Supratim

On 10 October 2017 at 14:02, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 Politicians already control the bureaucracy. Appointment of judiciary by bureaucracy and by politicians will give absolute power to the politicians, who are at the top of corruption tower. At present it is the judiciary only which has checks on the unjust and discriminatory decisions of bureaucracy and politicians. Already legislatures have been acting and passing resolutions to delegate more and more power and privileges for themselves.

R.N.Malhotra



From: Supratim Basu <xsupratim@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Tuesday, 10 October 2017 12:55 PM
Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Dear Mr Rodrigues,

This is one area where I completely disagree - the judiciary, unconstitutionally, seized the powers of appointments and transfers to itself, and completely upended the checks and balances of our constitution. If the Executive, Legislature and Judiciary are the three arms of our Republican, Consitutional democracy, then one arm can not say that it is not subject to any checks and balances of the other arms.

The executive should and must have the right to appoint/suggest/select judges to the HC and Supreme Court, which should then be ratified by the legislature - this is how it works in all modern and civilised countries. And, it is the only way to remove the untrammeled powers that the SC has seized for itself and put itself above all laws and all checks.

It is no secret that the judiciary today is the most corrupt organisation of the country, and that various (most) judges have made millions on the back of poor litigants. It is impossible to actually get justice in India today, in any meaningful time frame. The judiciary has become an incestuous cesspool.

From my perspective, the one single, easy reform that this government should implement - go back to the Jury system in civil and criminal cases in the HCs across the country, and make the SC only a court of appeal on law, not facts. Going back to the Jury system would put us back in the realm of civilised countries, give meaning to justice, hasten up timelines all over, and cut corruption in the judiciary by 90% overnight.


Thanks

Supratim

On 8 October 2017 at 07:09, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:
It is extremely heartening that the Supreme Court has finally opened up its doors to transparency in matters concerning to judicial appointments. The current Collegium mode is the safest and surest way to preserve the Independence of the Judiciary had it not been reduced to a cabal. The collegium had ended up being a very secret club with the proceedings not being a public record. That veil of secrecy was untenable and had to go.  The collegium system must infact be given a constitutional status with all its deliberations being very transparent and within the purview of public scrutiny.
 
In the process of judicial appointments the Judiciary must be accountable to the public at large while it should also be totally insulated from political interference whatsoever. Only then will the Judiciary act as a successful defensive wall against the growing excesses and abuse of power by the executive and legislature. 
 
There is a dire need for the judiciary to look into the aspect of wider accountability of Judges by ensuring that a few black sheep do not blemish the fair image of the entire Judiciary.

Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".

https://timesofindia. indiatimes.com/india/sc- collegium-decides-to-upload- its-decisions-on-website/ articleshow/60971524.cms


Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@ yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires



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