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Tuesday, October 27, 2009

judicial activism [judicio-CRAZY]


The judicial system in India is praised by all for its independent and impartial status.The common man and the elite ,both feared and at the same time respected the courts. The only complaint was that of its delay.But nowadays,some serious criticisms were raised against our judges and of their conducts.Judiciary in India enjoys wide range of powers.No one can question the jurisdiction of the Supreme Court because they will have to pay for Contempt of Court.Supreme Court is viewed as the watch dog and guardian of the Constitution.But nowadays they consider themselves as unquestioned authority.The democracies like India considered the three organs of govt[executive,legislature and judiciary]as equal powers.But now through several judgements the Supreme Court tries to outshine the Parliament.They held the view that the Right to Information Act is not applicable to them by neglecting the basic idea called"equality before the law"is the dictum in India.
One of the serious problem is related to the appointment of judges in different courts.The Constitution says that the judges of the Supreme Court are appointed by the President in-consultation with the Chief Justice of India.But now in the appointment of the judges President has no roll except to put signature on the recommended lists given by the Supreme Court "Collegium".This anti-constitutional activities were done by the guardians of the Constitution,this is the irony.

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