Tuesday 12 September 2017

Judiciary in countries like India needs to be active!

Today, if India manages to survive and grow inspite of its present polity and politicians, the major credit goes to higher levels of judiciary such as the High Court and Supreme court. This is not to deny the credit of scientists, engineers, entrepreneurs, agriculturists and many others who toil to build this country. Often you can hear whispers about judicial activism but I am personally happy for that. The so called activism of the judiciary is essentially the result of inactivity of administration and government. Apart from taking an overload of litigation, they often take "suo motu " cognisance and action on several social issues. I shudder to imagine what would have happened to Delhi, if only the honourable Supreme Court had not been stern on forcing CNG on all, taxies, autos and buses. Even when the Supreme Court orders welfare measures, implementation is lacking by the governments. For instance the honourable Supreme Court has made it compulsory to wear helmets for two wheeler riders and seat belts for four wheeler drivers. Either it is not implemented or implemented namesake. Indians think safety regulations are only for the police to get some extra earning. Indians are known for misplaced values and ideas. They will not participate in adventure or adventure sport but will risk life in riding two wheeler and car by disobeying all traffic rules. Every aspect of human life in India has to be managed only by courts either "suo motu" or on public interest litigation. I can give numerous examples but I feel that everyone living in India is aware of this.
While courts are overflowing with regular cases, appeals etc and struggling with lack of full complement of judges and other judicial officers,  it has become a fad for publicity mongering self styled social activists and letter pad political parties and politicians to go to court on flimsy grounds and unconcerned issues. Of course, sometimes some of the judges reject such cases; issue stern warnings and even impose fines. These do not deter such people from repeating. Sometimes certain novel and interesting judgements to correct concerned people are also given. The most recent such judgement is asking a government Chief medical officer to hoist the national flag every day for a week, in the hospital and sing the national anthem in presence of a police officer. The offense was talking over Mobile phone during the flag hoisting ceremony on the recent Independence day.
Incompetent executives and unqualified legislators are mainly responsible , for over burdening judiciary and provoking judicial activism. The latest disastrous and potentially the most dangerous trend emerging in the country is the disobedience of the orders of the courts including High Court and Supreme Court.
It is started by governments and associations. Disobeying Supreme Court order by Karnataka State on Cauvery issue and the High Court order by the union of government workers associations "JACTOJIO"  on agitations are instances of this trend. If this trend continues and percolates, it will be chaos everywhere. The country will head towards doomsday.
The greatest hope of redressal for a common man is judiciary. The judiciary at least at the lower levels is often corrupt and incompetent. This is again because of unfair and unethical practices adopted to get in. Unlike olden days in  this country, when law colleges were considered the assylum of essentially rowdies and riffraffs from well to do families, today we have motivated youngsters of both sexes flocking towards legal education. Surprisingly, in the past we have had the best legal luminaries and reputed judges. Today, lawers agitate on flimsy grounds; openly ally with political parties and engage in fist fighting in the court campuses either among themselves or with the police. They often take the litigant public for a ride through their behavior. Often, they drag litigation by constant requests for postponement resulting piling up of unresolved cases through lifetimes of people. How are we going to get fair, unprejudiced and competent judges? Judicial activism is tolerated and considered for the good only when judges are fair, free and competent. I am optimistic that the next generation would change my Ideas totally.

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