Tuesday 24 September 2013

Indian Judiciary - We are fools!!

How sarcastic it looks na?? But my title topic is the only topic also being one of the issue that is at the moment getting discussed by those judges who gave verdict for improvement of Indian Politics. Indian system is well defined in its book - in Respected Constitution for separation of powers of Legislature,Executive and Judiciary and powers are well defined with Judiciary given an exclusive mandate to keep a check on something wrong done by legislature or executives to uphold the validity of idols of Constitution. And so does a special privilege being provided by judiciary to common man to file a PIL if one feels something wrong is going on in the country and one such was done in present litigation in which court using section 4 & 5 and 62(5) barred person who is in jail to contest an election.
But point is what is the use of such verdicts or such litigation or PIL if constitution watch authority of highest court of land is allowed to be reversed by bringing out legislation or ordinance against it the very next day. Either it was 1975 or it is now 2013,there is no change in stance of this Indian Government. All our innocent politicians want to ensure that their business go unhurt and they continue with what they are doing currently giving reverence to highest court of land. Who says that,the don't respect our courts ?? They do yaar,they are just doing it in interest of people so that their birth right of getting exploited by them is not taken away.
They say that they gave birth to kannon of Judicial Review and they have right to keep a check on it and Judiciary is what doing today is Judicial overreach rather than Review. But i want to contend if a highest court of land is bringing forth a fact from decided set of rules and which is for benefit of country,than how could it be a over-reach. It is working under set rules and deciding with facts. Innocent Politicians just carry apprehensions that during elections an opposite party member can lodge a fake FIR and will send them to jail and bar them from contesting. Kisse pagal bana rahe ho yaar? All knows that what actually judgement say, it lucidly says that a barred person who is convicted, not accused!!!! And secondly on one side,you keep on accusing that the other party member is going to put up a fake cases and on other side you are passing the Ordinance which not only negates this verdict but also helps those convicted criminals.
If all you want to make laws and apply according to you,then what is reason of keeping courts,why are you spending our money on institutions which cannot decide independently and if it does it gets negated,then isn't it better to dissolve it? Wouldn't it be better that if you think that you have better acumen of deciding that what is right or wrong or we say you are almighty in that sense,then keep both legislature and judiciary with yourself. Make laws according to your comfort and also use it according to you,and you can even change it if you feel someone from your innocent family is getting trapped in it.
It is not only a fact but also believed that Indian Judiciary has taken best decisions according to conditions and situation of land. Its past verdicts has helped people not in hundreds but in thousands. Tough decisions on civil and criminal suits are slow that too because of laxity on part of authorities,but working in relations of constitutional watch and regarding public relations is commendable . Intellectuals who are holding the chair at bench are best minds of this country and know the law very well,but unfortunately our system has taken a wrong turn and those authoritarian parties want to work according to their own benefit . Instead of giving reverence to these people ,they are actually working against spirit of Constitution. And tool they got at the moment which is through Ordinance route is only helping them as it is their President, who is working as a tool rather than being first citizen of country and taking decision checking its flaws and benefits. It is very unfortunate that today India,which is considered to be largest democracy ,is in danger because demos are not understanding the real motives of their representatives and being carried away easily because of petty goods being gifted during elections and vote accordingly. It is very unfortunate that rather than being a democracy,our country is getting turned into a hereditary representative democracy as only one family is ruling and trend is continuing and no new leader is emerging. Indian future is dark. So,it is better that more and more people understand their responsibility and get out on roads ,teach more and more people about current situation, tell them about their rights, tell them about democracy, make them understand that what their vote can bring to this country. Tell them that country for which your forefathers fought is in danger and need your help. Only then,we can expect that Our system can be saved. All powers can use their exclusive rights in proper manner and even these politicians will understand the spirit of people and working responsibly and even our Judiciary system can ensure justice to all.

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