Monday, April 09, 2007

Politician Manmohan Fires on Judiciary to follow Bush Mush Harper

Tags: Yes Madam Judiciary’s Independence Manmohan PM Ameica Bush Pak Mush Canada Harper Chief Justice Supreme Court Balkrishnan Exrvutive Legislature Opposition Media OBC SC/ST Democratic Tyrany Corruption;

Is PM Manmohan supreme in cabinet? Is SC ruling on OBC, religion based quota, tainted ministers; death sentence life imprisonment to some congress leaders irked them? Don’t politicize the judiciary

UPA and Left have no right to politicize the judicial system as per our Indian Constitiution and to tamper with India's tradition of the separation of the executive and the judiciary.

So make the system stronger and more independent rather than try to bend it to fit your own particular brand of politics, you MM Sonia power grabbers!

It is a common feature of all modern systems of government of smallest Trinidad to Giant America including UK, Canada and others that too much power tends to accumulate in the executive.

Dont overstep limits, PM tells Balakrishnan?
Chief justice of India K G Balakrishnan is the first schedule caste member, is appointed in this post. Congress says it is the paty which look after SC/ST. But fact is that teeth of elephant for eating is different as are shown out side.
The growing tension between the judiciary and the legislature came to the fore on Sunday with Prime Minister Manmohan Singh and Chief Justice of India K G Balakrishnan trying to shield their respective domains from being encroached on by the other.
While the prime minister suggested the judiciary should not breach the thin line dividing the two wings, the Chief Justice asserted that the perceived tension between courts, legislature and the executive was a natural and inevitable corollary of a healthy democracy. The two constitutional heads gave vent to their feelings on a common platform -- a conference of chief ministers and chief justices of High Courts at the Vigyan Bhavan -- in the presence of several legal luminaries. While Dr Singh spoke at length, virtually advising the judiciary from over-reaching itself, Balakrishnan, whose speech preceded the prime minister's inaugural address, left no stone unturned in asserting the judiciary's independence and particularly its power to review the actions of Parliament and legislatures.
In Pakistan Chief justice was under house arrest
In Pakistan the Chief justice was not only fired but put under house arrest. Musharraf never really cared about democracy, human right and solidarity of Pakistani people. For more than half of Pakistan’s existence, the government has directly been in the hands of military dictators, aided and abetted by handpicked politicians enjoying minimal popular support. Even in more democratic times, the executive has remained dictatorial since the major political parties have historically been the feudal domains of individuals or families. The military establishment, the civil bureaucracy, law enforcement and national security agencies have remained impervious from accountability whether under military or civilian rule.

Bush has unprecedented power
In recent American President George Bush’s administration fired federal seven judges in America as now Indian Prime Minister. In the United States, the last century has been characterized by Presidential aggrandizement. The President’s office still enjoys unprecedented power.

UK has Elective Dictatorship
Lord Hailsham’s characterization of the executive in the UK as an ‘elective dictatorship’ is an equally apt description of the US Presidency. In the United Kingdom’s parliamentary system of government, the legislature has progressively become subservient to the will of the dominant party
Trinidad PM destabilized judiciary
On April 2006, 2007 Smallest country twon Trinidad and Tobago Congress of the People political leader, Winston Dookeran has said: “The Prime Minister was the one who attempted to manipulate and destabilize almost every arm of the Judicial and Legal Services Commission to impose a political agenda and now he must not be allowed to use the law to run and hide from the consequences of actions.”

Harper PM of Canada harps his Yes Sir judiciary
And the Conservatives say "Well, the Liberals have been appointing their left-wing judges for years and years, now it's our turn." HELLO?!? This is the voice of Canada. What kind of kindergarten logic is that??

Canadian Prime Minister Stephen Harper said that he wants judges who will reflect his government's law-and-order agenda. Like that UPA and Left want judiciary O.K. on OBC Cremay layer tainted ministry and

Former Canadian chief justice Antonio Lamer, who led the Supreme Court of Canada from 1990-2000, warned Prime Minister Stephen Harper on Feb 19, 2007 against influencing the judiciary to carry out his legislative agenda.

Former Supreme Court justice Claire L'Heureux-Dubé said: "Judicial activism, which seems to have motivated this quantum leap in the composition of the nominations committees, is a myth as has been proven many times and, more recently, by Justice [Stephen] Breyer of the Supreme Court of the United States. It is applied to judges whose decisions one does not agree with."

What the politicians want and what public desires
Independent Judiciary is not in the interest of political parties: It's very clear that no political party wants a truly independent Judiciary. All have plenty of skeletons, and not even in closet - everyone knows about them. An independent Judiciary is in the interest of none of the powerful groups. This puts the judiciary in a difficult position with no supporter of any political strength behind as we saw on the interim stay order of Supreme Court on OBC quota and raising fingers on religion based reservation.
It also shows vast difference between what the politicians want and what public desires. While public hopes for a just system, politicians (all of them) aspire for a system running under their control and which is a threat only to their opponents.

Democratic tyranny of minority government
Only an independent and impartial judiciary can offer some challenge to an executive determined to expand its sphere of powers, occasionally hold it legally accountable and thereby force the executive to take full political responsibility for some of its actions. The judiciary is, by default, the only institution capable of playing this role.

Role of Opposition, Media and the Public
The alternatives are political accountability by the opposition, the civil society and/or the media. Further, the judiciary is not prone to aggrandizement in the same way that the executive or a legislature dominated by the executive is.

As I have explained so called secular media wants to see Sonia or her son as a future PM. Time to time Lef Leaning foreing funded NDTV and CNN-IBN publicized survey through comrade Yadvendra Yadav or else on this direction. Now they are giving exist poll result to fulfill this purpose. Full time director Pranoy Roy of NDTV has dual loyalty one is towards Samajwadi Party an ally of CPI (M) in UP and as well as for Rahul Gandhi. I have given in the past bio data of Pranoy Roy. Their survery says no incumbency factor for Mulasyam’s party and Congress is making ground due to the roadshows of Rahul Gandhi. BJP is far behind in the race. Their opinion poll of UP and Punjab was also told the same false propaganda. It is a crime against journalism and democracy. Every one want publicity, so no one want to say against them and not a single camera hiding behind their corrupt journalism.

Opposition is also facing hrashment due to the partiality of Marxist Somnath Chatterjee and double role of leftists in the parliament. They participate in government as well as them act drama of opposition in and out of the parliament. We are in a democratic system of Hitler and Mussoline. We are facing a democratic tyrany.

The need of the hour is that the legal profession involves itself in welfare activities of the society and takes part in nation building thereby contributing its bit in proper implementation of various welfare schemes for the poor. Judicial activism characterized by moderation and self restraint is bound to restore the faith of the people in the efficacy of the democratic institutions which alone, in turn, will activate the executive and the legislature to function effectively under the vigilant eye of the judiciary as ordained by the Constitution

The PM Manmohan Singh raised the twin issues of corruption in judiciary and delay in the delivery of justice.
The chief justice of India agreed with the two aims but also pointed out the lack of number of judges and other financial and infrastructure inadequacies. Yet, the judge said that corruption has to be attacked and also delivery of justice be done faster. Talking in Chennai soon afterwards the chief justice said that politics has no place in judicial appointments, in the high courts, keeping in mind, we guess that Chennai lawyers as a class are prone to play the caste card in judges selection etc. The political parties, at least some of them have one aim: to elevate their caste men to high court judges. Yes, the state of the judicial appointments have become so politicised and much of what is wrong with this side of the story in never told. The disease is all pervasive from New Delhi down to the State capitals!

Our justice system is the only hope. The people have enormous faith in the Supreme Court’s wisdom to become active and pronounce judgments and give directions to the government.

So, judicial activism is the need of the day. More such judicial activism only can inspire confidence among the public to tackle the highly corrupt government machinery

By Premendra Agrawal
www.newsanalysisindia.com/

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