Judicial over-sight on basic governance a compulsion?

Discussion in 'Politics & Society' started by here2where, Sep 11, 2017.

  1. here2where

    here2where Regular Member

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    Nowadays, judiciary seems to be everywhere and running our 'democratic' country - protecting real estate investor rights, pulling up school management over sexually abused students, deciding how far from road to consume alcohol, whether you can cover your car windows with film/curtain, selectively deciding on parameters of religious celebrations, deciding who are indians and who are foreigners, who should be deported, etc.

    Does this judicial activism point to a break down of basic functions of executive? Are we moving towards a form of governance which will eventually give prominence to a select bunch of Justices to decide how to run this country?

    Is this a necessary evil due to breakdown of govt machinery or an attempt by Nehruvian-left-lib-influenced-judiciary to retain their stranglehold?
     
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  3. Spindrift

    Spindrift Regular Member

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    These things are about to happen when the executive and the legislative completely ignore and in some cases offend the principles of the Constitution of the Republic of India.
     
  4. indiatester

    indiatester Senior Member Senior Member

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    I echo the thoughts.

    Most cases of judicial orders are based on precedence wrt previous orders, OR interpretation of the law as per what ever is the thought of the judge.

    More dangerous as we are seeing now-a-days are the judges deciding to create a law (for ex the removal of tint on cars etc OR the 500 mtr rule for alcohol selling from roads)

    Dangerous still is the nepotism in judiciary with them trying to protect their turf. Looking at the people who become judges, its more often than not the kin of judges. For ex in the recent recommendation of 6 judges to AP & Telangana HC, 5 of them were related to existing judges.
    A problem in the same direction is the collegium of judges appointing themselves.

    We are not even touching topics related to mistakes and delays due to judiciary.
    Corruption within judiciary.
    High levels of hierarchy and demands of respect without earning them.
    Using VIP status for self and family while criticizing the same for politicians and bureaucrats.
     
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  5. ezsasa

    ezsasa Senior Member Senior Member

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    Judicial over sight is part of their job description, nothing wrong with that.

    For a country of 1.3 billion people, laws need to updated quite frequently. Since our parliament gets together for about 4-5 months a year, laws cannot be changed or updated that frequently. So judiciary fills the gap temporarily.

    Courts taking cases suo-moto can be argued as judicial over reach, but such cases are very less and don't happen that frequently. So not that big of an issue.
     
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  6. here2where

    here2where Regular Member

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    The graph of judicial interventions is ever increasing and the slope is exponential in nature.
    Are you intending to say our governments are increasingly becoming spineless over the past 30 years thereby cedeing ground to judiciary? Coalition politics to blame, may be?
     
  7. ezsasa

    ezsasa Senior Member Senior Member

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    Yup, coalition politics to blame...
     
  8. F-14B

    F-14B #iamPUROHIT Senior Member

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    not Coalition Politics but in the words of a learned Robot " Coalition Dharma" @ezsasa
     
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  9. indiatester

    indiatester Senior Member Senior Member

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    The court is actually worse. The judges don't need to be in their constituencies solving peoples problems.
    Courts actually have summer holidays!

    "At present, the Supreme Court has 193 working days, HCs 210 days and trial courts 245 days a year. Citing the example of the SC which has a sanctioned strength of 31 judges including the CJI, he said on all working days, on an average, 14 to 15 benches assemble to hear cases"

    http://timesofindia.indiatimes.com/...ay-open-all-365-days/articleshow/35175588.cms
     
  10. ezsasa

    ezsasa Senior Member Senior Member

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    Yup, no disagreement that judicial reforms are due....

    On the point of summer holidays, you can try sitting in a thick black long coat for 7 hours with one lunch break without an AC.
     
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  11. indiatester

    indiatester Senior Member Senior Member

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    I can sponsor an AC. Thats all I can do :)
    Considering laws are better interpreted and implemented by computers, I actually consider the most of that profession as redundant. I always felt they wear the black coats to just feel important.
     
  12. ezsasa

    ezsasa Senior Member Senior Member

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    It's a profession like any other profession, every profession has its pluses and minuses.

    Let's not pass judgments based on MSM and SM.
     
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  13. Spindrift

    Spindrift Regular Member

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    Not at all. However they are opportunistic, selfish with utter disregard for the Constitution vis-à-vis safeguarding the principles from which the fundamental rights of the citizens are derived and enumerated whether explicitly or implicitly.
     
  14. Nicky G

    Nicky G Senior Member Senior Member

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    To be blunt, its an usurped power that unaccountable people have arrogated to themselves.
     
    Last edited: Sep 12, 2017
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  15. dhananjay1

    dhananjay1 Senior Member Senior Member

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    Independent judiciary is a western fiction and Indians, like good little coolies, have swallowed it hook, line and sinker.
     
  16. Spindrift

    Spindrift Regular Member

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    So is the democratically elected government.
     
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  17. dhananjay1

    dhananjay1 Senior Member Senior Member

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    Yes. I have about as much faith in democracy as I have in independent judiciary.
     
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  18. here2where

    here2where Regular Member

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    In theory that might appear true. But considering the current political dispensation, with a strong BJP, courts are even more active. Can you attribute poor governance by BJP to the fever pitch at which the Lordships are working?

    Its a tug of war i feel, with the lines not clearly defined. About time executive shows the judges the line in sand.
     
  19. hit&run

    hit&run Elite Member Elite Member

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    Judicial oversight is nothing but judges making money as political opponents fight each other in courts.

    This is obstructionism for political gains, whose ultimate casualty is the last man.

    The complicity of the courts is too sophisticated and scripted that it's hard to decode it. As they show alacrity these days to entertain pleas of Leftist Eco systems compare to Congress-I rule. One can easily make a judgment of the same.

    When Congress-I lost the election I clearly mentioned what will unfold from now onwards. Modi went along with same Bureaucracy that feeds Congress-I; when an acid wash was required. Judges were hand picked and groomed with colonized mindsets.

    Only a long gestation of current rule will create some kind of favorable buffer with investing in training to decolonize them. Otherwise, this policy paralysis will keep prevailing giving plenty of opportunities for leftist tools to resurge.
     
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  20. ezsasa

    ezsasa Senior Member Senior Member

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    Looks like your assumptions are based on what you read in news regarding Supreme Court.

    You also have to consider that if something is coming in news(especially the judge's commentary which is typically confused as judgement), it usually means either the parties involved in the legal dispute wants you to put public pressure on the judiciary.

    There are atleast 40-50 thousand judges apart from Supreme Court judges . It won't be fair to paint all judges in the same colour.

    I know of a district judge who went to court with 104 fever, to give a death sentence many years back. The accused had burnt some twenty people in a bus to do a robbery in andhra/Telangana.
     
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  21. hit&run

    hit&run Elite Member Elite Member

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    I don't know what you are trying to say by giving those examples.

    I know a judge whose type writer operator take money during running court's proceedings on Judge's blink. I have seen a Judge's 4 story house built in front of me and all the material used was paid by someone else. Does it negates your point?

    Please read my post again. I have made enough points to balance my distrust and trust both, on the Judiciary. The script is always there and Courts are colonised left leaning, period.
     
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