Saturday, September 28, 2013

THE DOME OF HOPE


SC Empowers voters ,Gives them right to reject electoral candidates.

SC Orders Immediate disqualification of convicted MP/MLAs

SC order restrains contesting election from jails.

Tinted Glass, 2G Scam , Uttrakhand Hydel projects , Reservation in promotion , Tiger Reserves and the list goes on ..


When ever i see The Big Dome of the Supreme court of India on TV or on in a news post I get a good feeling ,a feeling of good's Victory over Evil . Even if i have not been to then bottom of the page or the end of the news , i know that some one is really upset and a lot of people are really happy . The upset one in most of the cases is our Government or people trying to be in the government or some Corporation who was supporting the Government but mostly its our own Government . If i had a good imagination and i could bring to life abstract Big old buildings with my thoughts alone ,the above image of the Dome of Supreme court of India will be The Standing Guardian with the big dome housing one of the most honest , revolutionary and  concerned "LAW Makers" inviting with arms open to all asking 'what is wrong? we will fix it'. "Law Makers" i call them not Judges because in contrast to what must have been the initial idea to house the people who see to it that the laws which our Duly elected representative make are upheld throughout our sovereign union , the People in the Dome make/modify laws very often these days as and when they see it necessary.

If you think of it, the Exercise in overall is very counter-productive. Ideal Situation :Government makes laws and takes decision which benefit people and the Courts of India see to it the decision are honored and laws are upheld . Current Situation : Government makes a law or takes a decision and the court annuls it ,and going by how efficient our government is, they really can't afford any work being nullified. I also believe that the way our Courts are protecting our rights is a temporary solution and it cannot go on for ever , but in this age of political turmoil and transformation its our only hope.

But I think there is another reason along with poor Governance as to why our judiciary is functioning so independently-brilliantly recently . If we go back  to the 90's the Judges of the Supreme Court used to get appointed by the Union Cabinet . Then there was the 'Three Judges Cases' during which the court evolved the principle of judicial independence to mean that no other branch of the state - including the legislature and the executive - would have any say in the appointment of judges. The court then created the collegium system which has been in effect from 1993. So in a nut shell a bunch of Supreme court Judges chose their successors from High Courts through observation of their work over a long period . The qualifications to being a Supreme Court Judge is 10 yrs of Lawyer and 5 Yrs of Judgeship in High-Court or equivalent . So from 1993 what changed is that being a Supreme court judge requires not knowing a minister but being a fantastic lawyer and a judge .  And i am not saying that the Judges or Judgments earlier were any inferior from our apex court but just as a rough assumption to pan out a crude theory, from 1993 adding 15 yrs of minimum Qualification time to become a supreme court judge by 2008 we started getting batches of brilliant  motivated Jurors which will keep coming,these are the ones who have worked hard and made their way into Supreme court through impeccable Service records. These Judges are the ones who have been observed and picked by the pioneers of the Three Judges System and it must have been made sure the selected ones are not effected the legislature or the executive. So when these people got into the Judicial system they had no one to fear or no doubt in their minds as to what is their purpose . They only worked to uphold  the Law of the land and the well being of one and all. 
What i feel is that The law makers should never be the ones who get affected by it other wise even the Good ones will fall . No one is Good enough to make laws for himself so it should always be a body outside , a body unaffected. Why not appoint a panel of election independent reviewers with fixed tenures comprising of the best minds in India in respective fields to review any law and decisions of national scope with public disclosed rejection/modification reasons .Do not take away powers from elected representatives but leave the scope of their work to the demographic region they represent. Though my ideas are really just a drawing room revolution on a lazy Saturday but my Warriors of the Dome would really appreciate a little reduction in their load of work if anything like this is implemented.

1 comment:

shabdnirantar said...

Very interesting and informative .but collegium has also the black sheeps like altamas kabir.why 3 cr cases are pending?why judges live like kings?