Tuesday, October 20, 2009

Why judiciary fighting shy of transparency?

Recently having set up high standard of transparency and fairplay for other wings of state and authorities the higher judiciary itself is putting up a stubborn resistance to any attempt by concerned citizen to pierce veil of secrecy hiding it from public gaze. It is just not comprehendable to a concerned citizen as to how judiciary is distinguishable from other wings of state and CJI is not an authority comparable to President of India or the Prime Minister. The main duties and functions of our judiciary are such that most of the times it has to discharge judicial function amidst acrimonious heated debates at bar in full public view without any scope for concealing any part of the proceeding except in exceptional trial in camera where too judge is not alone without assistance of lawyers. Apart from judicial function what are other functions and activities of CJI and the collegium which must be kept secret at all cost from the real sovereign the public. Other functions of higher judiciary includes selection of judges for subordinate and higher judiciary, regulating their service conditions, receiving complaints against Judges and other staffs, assigning post retirement assignments to the retired judges,selecting judges for foreign tours. Are the informations relating to these functions are of such nature like matters of internal and external security that must be kept behind iron curtain at all cost ? As yet judges have not been made accountable to any one, due to which many judges against whom charges of misconduct have been prima facie found true are continuing to disgrace the benches with impunity in view of impracticality of impeachment proceedings. Had only transparency been there in the administrative functions of higher judiciary there would have been lesser possibilities of episodes of Justice Dinakaran , Mazumdars so on and so forth. There would have brighter chances of elevation of only competent, hard working, fair, conscientious lawyers on the benches. As the judges made it compulsory for the politicians to declare their assets, they should have in all fairness applied the same yardsticks to themselves. Different treatment to judges in this matter in the name of protecting them from unscrupulous troublemakers is simply grossly irrational and a lousy logic, fallacy of which is apparent to even to a rural rustic. The judges having been already shielded with powers under the law of contempt do not more draconian antipeople powers to become above law, beyond the reach of the people's scrutiny and emerge like a entirely new type of aristocracy. The c.j.i. is well advised to read writings on the walls of democracy and stop behaving like a cantankerous litigant before Delhi High court which has rendered a great public service by declaring higher judiciary amenable to right to information. Right to information act, expresses will of the Sovereign and absolutely leaves no scope for interpretations. May wisdom dawn upon higher judiciary the repository of wisdom!

Monday, October 19, 2009

Are maoist India's biggest internal threat?

According to PM Mr. Manmohan Singh, the Maoist are biggest internal threat. but according to me Maoist may be a serious internal threat but not the biggest one. the biggest internal threat to Indian republic are the law makers who vote to pass the bills of great importance without ever considering the bill and without taking interest in the proceedings of Parliament.
The senior bureaucrats who are unfaithful and noncommittal to democratic values are the biggest internal threat. The Judges in the higher judiciary who do not remain loyal to the constitutional oath and always aspire for five star comforts are the biggest internal threat. The lawyers, the Doctors, university and school teachers, the journalist who are not faithful and sincere to their professional ethics are posing similar internal threats as compared to the Maoist.
The hard working and marginalised farmers providing food security to the country, the whole working class living on subsistence earning, the serious and objective intellectuals committed to truth and logic alone remain the only defender of our democratic system. Hence Mr. prime Minister kindly wage a similar struggle against the errant law makers rogue bureaucrats and greedy corp orators as has been launched against Maoist. If Prime Minister and Home minister succeed in getting rid of non serious greedy law makers, selfish and arbitrary bureaucrats and greedy industrialists and self enriching insincere judges the maoist will automatically vanish into thin air.