Wednesday, May 11, 2016

751 (Part /10) Politico-Judicial Relations. If the Govt. and the Ministers do their jobs, Judges will be happy. Their work will be reduced.


This is in continuation of series of our blogposts on Judicial Reforms needed for India. The last previous post of the series, was made by us on 25th April 2016, post No. 737. Click to study 737 . Now, our Union Minister for National Highways, and Shipping has shot another bullet on the judiciary, and its judicial activism. He is reported to have commented:

"...But why are the judges trying to do a minister's job? If judges want to do a minister's job, they should quit, contest elections, and become ministers. ..." "...if judges wanted to do government job, they should quit, contest elections and become ministers. ..."

"...I have immense respect for the judiciary. ... Country's democracy is based on its four pillars. ... Constitution provided for separation of powers. ..."

ybrao-a-donkey

People too have immense respect towards their ministers. But are they doing their jobs honestly?

If Government and the Ministers do their jobs properly, executing the Rule of Law in proper manner, and without bias, and without dangers to human rights and natural justice, Judges will be the happiest persons. Their burden will be reduced substantially. They can use the time thus saved, to clear other pending cases of disputes between private parties.

The misfortune of the People of India is, they had GREAT EXPECTATIONS from Mr. Narendra Modi, and elected him-his party, with full majority, replacing the inefficient and tainted Congress. But regrettably, the NDA Government is also following the same perilous and rotten path which its predecessors UPA 1 and UPA 2 Governments have followed. Just as Ms. Sonia Gandhi was surrounded by her coterie, Mr. Narendra Modi also seems to be surrounded by a coterie, which does not believe in Rule of Law, or has disdain towards judiciary.

We should compare what Mr. Gadkari said to what Mr. Arun Jaitley said in his blog, discussed by us in our blog-post Click to study 587 . Here is a quote from Arun Jaitley Maharaj:

"...The judgement ignores the larger constitutional structure of India. Unquestionably independence of the judiciary is a part of the basic structure of the Constitution. It needs to be preserved. But the judgement ignores the fact that there are several other features of the Constitution which comprise the basic structure. The most important basic structure of the Indian Constitution is Parliamentary democracy. The next important basic structure of the Indian Constitution is an elected Government which represents the will of the sovereign. The Prime Minister in Parliamentary democracy is the most important accountable institution. The Leader of the Opposition is an essential aspect of that basic structure representing the alternative voice in Parliament. The Law Minister represents a key basic structure of the Constitution; the Council of Ministers, which is accountable to Parliament. All these institutions, Parliamentary sovereignty, an elected Government, a Prime Minister, Leader of Opposition, Law Minister are a part of the Constitution’s basic structure. They represent the will of the people. The majority opinion was understandably concerned with one basic structure – independence of judiciary - but to rubbish all other basic structures by referring to them as “politicians” and passing the judgement on a rationale that India’s democracy has to be saved from its elected representatives. The judgement has upheld the primacy of one basic structure - independence of judiciary - but diminished five other basic structures of the Constitution, namely, Parliamentary democracy, an elected Government, the Council of Ministers, an elected Prime Minister and the elected Leader of the Opposition. This is the fundamental error on which the majority has fallen. A constitutional court, while interpreting the Constitution, had to base the judgement on constitutional principles. There is no constitutional principle that democracy and its institutions has to be saved from elected representatives. The Indian democracy cannot be a tyranny of the unelected and if the elected are undermined, democracy itself would be in danger. Are not institutions like the Election Commission and the CAG not credible enough even though they are appointed by elected Governments? ..."


The President of India himself is elected. The Ruling Party made him a rubber stamp. Whatever may be his own reasons, the President of India, does not appear to be applying his mind, while signing on dotted lines. We must not forget that President of India has been mis-equated with the British Queen, by our UPA Rulers , and NDA Rulers. While British Queen is an unelected functionary in British Monarchy (styled as Matured Democracy), President of India is elected not only by Members of Parliament, but also Members of 29 State Assemblies. Still, he neither follows Rules of Law, nor Principles of Natural Justice.

If the Advocate Generals / Attorney Generals, Governors, State / Union Law Ministers, State / Union Cabinet Members, follow rules of Law- in the form of laid down Statute, honor principles of Natural Justice, also keep in mind the ratio decidendi given by Supreme Court in previous Cases, normally there should be no need and opportunities for High Courts and Supreme Courts to interfere and intervene. But, sadly, it is not happening. May be, for selfish political reasons.

But tables will get reversed in consequence of elections, and the King may become a beggar , and a mendicant may become a King. A Ruling Party may become an Opposition Party, and vice versa. The same Ruling Party which now says UNELECTED JUDGES ARE TYRANNICAL , when it becomes an Opposition Party, will shout hoarsely at the top of its voice that COURTS SHOULD PROTECT AND RESCUE INDIAN DEMOCRACY and that they have FULL CONFIDENCE IN COURTS. Rahul Gandhi and Sonia Gandhi are doing it now. But the same Rahul Gandhi and Sonia Gandhi when they become Rulers, will not hesitate to tear and throw off papers, if they are not to their liking. !


Writer: Shri Bhujangaraya Sarma.

కలిమి నిలవదూ లేమి మిగలదూ, కలకాలం ఒకరీతి గడవదూ, Wealth does not stay for ever, poverty does not remain for ever, time does not run in the same manner forever,
కలిమి నిలవదూ లేమి మిగలదూ, కలకాలం ఒకరీతి గడవదూ, Wealth does not stay for ever, poverty does not remain for ever, time does not run in the same manner forever,

నవ్విన కనులే చెమ్మగిల్లవా వాడిన బ్రతుకే పచ్చగిల్లదా the eyes which laughed will get moist.

ఇంతేరా ఈ జీవితం తిరిగే రంగుల రాట్నం
ఇంతేరా ఈజీవితం, తిరిగే రంగుల రాట్నం|| This is all the life. a revolvng giant wheel. ||
ఆఆఆఆ అఆఆ ఆఆ humming.


ఏనుగుపైని నవాబూ, పల్లకిలోని షరాబూ, The nawab on the elephant, a shroff in the pallanquin,
గుఱ్ఱం మీది జనాబూ, గాడిదపైని గరీబూ, the Noble on the horse, the impoverished on the donkey,
నడిచే దారుల గమ్యమొక్కటే ... the direction all walk is the same,
ఆ ఆ ఆ ఆ అఅఆఆ, humming.
నడిచే దారుల గమ్యమొక్కటే ... the direction all walk is the same,
నడిపేవాడికి అందరొక్కటే ... all are equal for the driver,
ఇంతేరా ఈజీవితం, తిరిగే రంగుల రాట్నం|| This is all the life. a revolvng giant wheel. ||
ఆ ఆ ఆ ఆ అఆ humming.


కోరిక ఒకటి జనించూ, తీరక ఎడద దహించూ, A desire sprouts, relentlessly consumes the mind (or heart, if translated literally),
కోరనిదేదో వచ్చూ, శాంతిసుఖాలను తెచ్చూ, something unwanted arrives, and brings in peaee and comfort,
ఏది శాపమో ఏది వరమ్మో .. ఏది శాపమో ఏది వరమ్మో which is a curse and which is a gift, which is curse and which is gift,
అఅ ఆ అఅ ఆ humming,
ఏది శాపమో ఏది వరమ్మో .. ఏది శాపమో ఏది వరమ్మో which is a curse and which is a gift, which is curse and which is gift,
తెలిసీ తెలియక అలమటించుటే anguishing in darkness
ఇంతేరా ఈజీవితం, తిరిగే రంగుల రాట్నం|| This is all the life. a revolvng giant wheel. ||


త్యాగమొకరిది, ఫలితమొకరిదీ, sacrifice is for one, fruit is for another,
అమ్మ ప్రాణమా యిద్దరిదీ, mother's love is for both,
వ్యథలూ బాధలు, కష్టగాధలు, చివరికి కంటికి ఎన్నో కథలూ, miseries, sufferings, tales of hardships, at the end numerous stories for the eye,
ఇంతేరా ఈజీవితం, తిరిగే రంగుల రాట్నం|| This is all the life. a revolvng giant wheel. ||


ఆగదు వలపూ, ఆగదు వగపూ, love does not stop, sadness does not stop,
ఆగదు జీవనమాగదూ, life does not stop,
ఎవరు కులికినా, ఎవరు కుమిలినా, even if somebody wassails or somebody wails,
ఆగదు కాలం ఆగదూ time does not stop. ఇంతేరా ఈజీవితం, తిరిగే రంగుల రాట్నం|| This is all the life. a revolvng giant wheel. ||

కలిమి నిలవదూ, లేమి మిగలదూ, కలకాలం ఒకరీతి గడవదూ, నవ్విన కళ్ళే చెమ్మగిల్లునూ, వాడిన బ్రతుకే పచ్చగిల్లునూ. Wealth does not stay for ever, poverty does not remain for ever, time does not run in the same manner forever, the eyes which laughed will get moist.
ఇంతేరా ఈ జీవితం తిరిగే రంగుల రాట్నం|| This is all the life, a revolving giant wheel.
అఅ అఆఆ humming.


ఇరుగింటిలోన ఖేదం, పొరుగింటిలో ప్రమోదం, sorrow in this house, revelry in that house,
రాలిన పూలూ రెండూ, పూచే గుత్తులు మూడూ, flowers that dropped are two, clusters that blossom are three,
అఅఆ humming
ఒకరి కనులలో చీకటి రేయీ , ఇరువురి మనసుల వెన్నెల హాయీ, dark night in one's eyes, moonlight in minds of two,
అఅఆ ఆఆ humming
ఇంతేరా ఈ జీవితం, తిరిగే రంగుల రాట్నం|| This is all the life, a revolving giant wheel.
అఅ అఆఆ humming.


The latest examples in this respect are the toppling of elected Opposition Governments in Arunachal Pradesh and the Uttarakhand. The NDA Government at Centre, and the President of India should not have given an opportunity to the Uttara Khand High Court, and the Supreme Court to flex their muscles. NDA Govt. should act JUSTLY, and then Courts will have no work.

Subject to corrections and deletions. A lot more is to be added. To continue. सशेष. ఇంకా ఉంది.

No comments:

Post a Comment

ఘోరమైన విమర్శలకు కూడ స్వాగతం, జవాబులు ఇవ్వబడతాయి.