Posts Tagged Checks & Balances

Judiciary Must Respect the Constitution

The independence of the judiciary is no “dogma”. It should not degenerate into a superior government or superior parliament. Trends are very disturbing. Danger is judges might be tempted to act judge, lawyer and journalist in one on the Bench. The public jury or People’s Court does not permit it.

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Is India A Unitary Form Of Government?

Who is responsible to maintain and observe the sanctity of the principle of checks and balances in India: government or judiciary? Should the court waste its precious time in matters of administration, vigilance and other such matters and let judicial matters pend for decades? Can the Supreme Court take over the executive responsibility also in addition to its judicial functions? The citizens have faced the crises of confidence in the legislature and executive but not with the judiciary, which is its last hope. Decision making is controversial because it is simply not possible always to apply judicial standards in political, diplomatic, economic and security matters, though it is all subject to judicial scrutiny whenever challenged. That fear of judicial test is enough to keep a tight vigil and promote fairness, equity, natural justice and transparency in public services. When will the court start appreciating the sacrifice or martyrdom of civil servants doggedly fighting to save the public money, interest or even security of the country? Had it been so, it would have rewarded those who tried to save the public money stolen in the Bofors scam by Quatrocchi or Nirav Modi, Mallya, Chowksi gangs. Such officers are silenced. Why?

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