Government seeks greater say in appointment of judges

Discussion in 'Politics & Society' started by LurkerBaba, Apr 24, 2013.

  1. LurkerBaba

    LurkerBaba Staff Administrator

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    Government seeks greater say in appointment of judges

    @sayareakd what are the implications of such a move ?
     
    Last edited by a moderator: May 10, 2015
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  3. Singh

    Singh Phat Cat Administrator

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    Government shouldn't meddle in this issue
    1. Judges will reflect the ideology of the Party in Power
    2. Judges will be selected keeping in mind their compliance
     
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  4. sayareakd

    sayareakd Moderator Moderator

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    What will happen to the Independence of Judiciary ?

    Govt will promote only those judges who have given favorable judgment in their favor to the SC. Remember Union of India is largest litigant.
     
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  5. arnabmit

    arnabmit Homo Communis Indus Senior Member

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    Gawd!!!

    Final nail in the coffin for anti-corruption drives. Soon SC judges, like our law enforcement system currently, will only exist to appease GoI and hound the opposition.

    :fp:
     
  6. Ray

    Ray The Chairman Defence Professionals Moderator

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    As it is, the Govt plays a role in the appointment of SC Judges.

    AN Ray of the Emergency Days, Dinakaran nearly made it, the highly questional KGB and so on and so forth!

    If Govt has an unbriddled hand, then we will have the same situation as the 'efficiency' of the CBI, CVC and such organisations!
     
  7. GPM

    GPM Tihar Jail Banned

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    AN Ray's appointment must be the most blatant misuse of power. In a judgement he with by an 11 judge bench, upheld the govt plea that during emergency, even the human rights are suspended to the extent that no court can intervene even if govt tortures and starves a detenu under infamous MISA. He was the senior most in supporting govt in a split judgement 6-5. Next day, he became CJI after superseding three other dissenting judges senior to him.

    The judgement was BLACK, it plunged the nation into hopeless dark abyss. Attorney General Niren De fled to Sweden the day the Cong was routed in 1977. He died there, unrepentent. Ray later was to accept the errors and showed remorse too.
     
  8. sayareakd

    sayareakd Moderator Moderator

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    Ok here is how system works mostly.

    First step in becoming Judge of HC is to become lawyer for UOI.
    Then become standing counsel for the UOI.
    Then become senior lawyer.
    Then you become High Court Judge.

    Once High court Judge, you have to aim for CJ of High Court.
    Once CJI of HC then aim for SC Judge.
    Once SC judge then senior SC Judge and CJI.
     
  9. Yusuf

    Yusuf GUARDIAN Administrator

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    We need to change the way govt is appointed, its accountability towards people etc.

    Talk about democracy screwing a nation!
     
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  10. Iamanidiot

    Iamanidiot Elite Member Elite Member

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    Sayare is this a repetition of the first judges case and the second judges case
     
  11. sayareakd

    sayareakd Moderator Moderator

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    didnt get you Idiot.................
     
  12. Iamanidiot

    Iamanidiot Elite Member Elite Member

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    The cases which led to the formation of the Collegium by the Supreme court.
     
  13. Iamanidiot

    Iamanidiot Elite Member Elite Member

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    OT to this thread but a must read article

    The case that saved Indian democracy - The Hindu

    This is something every body must read
     
  14. parijataka

    parijataka Senior Member Senior Member

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    What happened to Abhishek Manu Singhvi...???
     
  15. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    After CBI it's Judiciary's turn to Congressize ? It would be very very very bad step.
     
  16. sayareakd

    sayareakd Moderator Moderator

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    nothing now work as usual,
     
  17. dhananjay1

    dhananjay1 Regular Member

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    :rofl: Why maintain any facade, just ask the government to appoint judges directly.
     
  18. anoop_mig25

    anoop_mig25 Senior Member Senior Member

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    well just wait for few years . i am sure in name of indecision (and secularism) this thing is going to be repeated and there would be no one to save us
     
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  19. NSG_Blackcats

    NSG_Blackcats Member of The Month OCTOBER 2009 Senior Member

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  20. Nicky G

    Nicky G Senior Member Senior Member

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    Browsing this thread, the general mood seems to be against this amendment< I am personally for it.

    The collegium system virtually set-up a parallel power structure that's entirely unaccountable democratically. I don't see how that can be acceptable in a democracy that demands accountability at every stage.

    An example, in the black money case, the media and people were hounding GoI, rightly or otherwise, to reveal the names. Then when SC too did not reveal the names, who raised a hue and cry? Why not?

    Of course, just as you can't have a situation where judges are simply appointed by their peers entirely bypassing the executive, you cannot have a situation where-in the judges are effectively appointed by the executive. We need a balanced approach, which this amendment goes a long way to provide given the composition of NJAC.
     
  21. NSG_Blackcats

    NSG_Blackcats Member of The Month OCTOBER 2009 Senior Member

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    I am not sure whether this will work or not. But I guess India may be one of the only country (or may be among few) in the world where Judges appoint judges.
     

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