Wednesday, December 6, 2006

Hail the Indian Judiciary

"The Supreme Court has said no permission is required to prosecute public servants - such as MPs and legislators accused of taking bribe."

"Union Coal Minister Shibu Soren convicted and sentenced to life imprisonment in a murder case."

"The Supreme Court has said that the "creamy layer" should be excluded from reservations for Scheduled Castes and Scheduled Tribes in government jobs and weigh its options."

These are a few of the verdicts that has made many 'elected representatives' rack their 'brains' for a way out.The politicians are now getting increasingly worried about an active judiciary , which coupled with growing public resentment , are threatening to diminish their invincibility. Even the lower courts are getting increasingly bolder in passing judgments against 'highly placed' people.
Their growing concern has given rise to suggestions such as - placing reservations in the 9th schedule to exclude it from the purview of the courts arguing over the extent of judicial review that a legislation can undergo.Some ministers even hinted at introducing reservation in the appointment of judges!
Those convicted kept up the 'tradition' of paying a visit to the hospital after the verdict.Chest pain seems to be one of the most common illness in India - the risk being high if you are a politician and a court judgment is an obvious trigger.
As long as our ministers don't come up with a authoritative law to protect itself from judicial 'interference', the judiciary will be one of the few institutions that the common man can place some faith in.One may argue about some cases take light years to decide while some accused go scot-free.Although most of the times this has been the result of 'slow paced' investigation by the police - there is scope for improvement in this matter.

Till then the judiciary reminds us - "Be you ever so high, the law is above you"

2 comments:

Priti (Priti/Agni/cooLPriti) said...

But over here, u've missed the legislative-judiciary conflict in entirety.

Because one is bad, it doesnt mean that the other who is countering him,is good.

Vinayak said...

I believe that the general public is so frustrated with the executive and the legislative that judiciary seems relatively better.We do need the judiciary to be accountable and subject to scrutiny.