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Showing posts with the label Constitution

Indian judges screw the aam aadmi

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People get the judiciary that they deserve. After Independence, we have acted as SUBJECTS of judges, and so we have a colonial sort of judiciary. Judges are surrounded by people who bow and scrape and abjectly beg; what else can you expect from them but tyrannical behavour? Now, to change this existing reality, we have to start facing them as CITIZENS, and make them aware that they are public servants. As this sort of behaviour builds up around them, they will be forced to ch ange their behaviour and thinking. The change may happen gradually, over some years. In the meantime, we can expect scenes like the one shown in this cartoon  smile emoticon Like  ·  Comment  ·  Share

India's "Anaadi" Courts -- where all your fundamental rights disappear

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Here's something the media never reports: "Anaadi courts" are the instrumentality by which the State deprives tens of thousands of Indian citizens of their Fundamental Right to Life & Liberty. Without due process. For trivial offences like crossing the railway tracks, ticketless travelling and "loitering suspiciously" (combined with inability to furnish bail-bond or engage a lawyer), people are arrested and held in judicial custody for days, weeks or even months in judicial custody, without even being chargesheeted. This is happening daily, without interruption. Hello... Are the Chief Justices listening? Like  ·  Comment  ·  Share  

Ruling "clique" in Supreme Court decides appointment in Higher Judiciary

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A tiny “ruling clique” of Supreme Court judges, led by the Chief Justice of India, currently decides which judge is to be elevated to High Courts and Supreme Court, or made Chief Justice of High Courts or Supreme Court. In making these appointments, this clique is guided by career aspirations of, and friendships with, individual judges rather than what is good for the judiciary as a whole. As a result, Chief Justices of high courts are quite often appointed for a couple of mo nths, before being elevated further. This ruling clique is called the “collegium”. There is no mention of the collegium in the Constitution of India. The collegium system, which has been in use since 1993, relies on two of its own judgments, and one opinion, collectively known as the Three Judges Cases. 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. In July...