System of judges appointing judges!

THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION ACT, 2014

A constitution bench of Supreme Court of India is hearing the challenge to the validity of NJAC Act, 2014. In doing so they were not discreet about the fact that judges are the interested parties. The arguments far from being adversarial have been turned into inquisitive enquiry as is apparent by the line of questioning by the judges. It appears that judges are evaluating as to which system is best. The earlier system where executive appointed the judges and grossly abused the position or the present system of in which judges themselves appoint the judges and which is apparently full of nepotism as nearly a 1/5th of all the judges appointed in high courts and supreme court is related to a previous judge. Living or dead. Unfortunately the question of nepotism was not raised by Attorney General with empirical data. At least news papers did not report it. The present system has come under flak from retired judges themselves. One such criticism of judges appointing judges is here. Regarding the corruption by the relatives of judges and inaction by appointing judges read here. Another similar story about corruption is here. Another report about rich relatives of former Chief Justice of India is here. How retired judges are using prefix ‘Justice’ forever i.e. even after demitting the office is another mystery in the face of express prohibition in Constitution. But who can judge the judges?

Any how, the line of enquiry by court in NJAC case is similar to the substantive due process arguments in the USA and is very delicate. It would be wise to tread on this line carefully. In my view court can not lay down the policy of appointment or evaluate a better one. Rather has only to see if the one propounded before it does not deviate from overall scheme of Constitution and thus does not violate basic structure of constitution. Of course it can judicially review it on all other available grounds like arbitrariness etc.

What is similar between India, Pakistan and Mynamar?

It is unfortunate that system of appointment of judges by judges finds similarity with two quasi totalitarian or  totalitarian  countries where military appoints military and the Government has no say and people have no right to know anything about it.

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Secret Session by UK Supreme Court: reminiscent of Dark Ages.

King-courtiersWhat is the difference between Persecution and Prosecution?

Persecution is a process of punishing a person found guilty but prosecution is a process of finding if a person is guilty by providing fair trial. The recent decision of UK Supreme Court to conduct a secret session for first time, is reminiscent of dark ages of 15th Century and the procedure adopted by church at that time to persecute people. Even if an isolated incident may not have strong bearing but as a court of record it has set a most undesirable precedent which shall have far reaching consequences for courts in all jurisdiction.
Secrecy and Natural Justice or Audi Alteram Partem were never bed fellows. In fact they do not see each other, eye to eye.

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Indian Government with egg on the face.

Indian Government never learns from Past Mistakes

Release of Italian Marines on Bail

Two Italian marines were accused of killing fishermen in Indian Coastal Waters. While they were on trial they sought to be released on bail which evidently was refused by courts below. Supreme Court of India granted bail on the assurance of Italian Government that the prisoners shall be returned after they cast their vote in Italy. They have to return on 22nd March 2013. But they have already refused. It is everywhere in news papers.

Sicilian by Mario Puzo

Mario Puzo is known for his famous work God Father. However he had written many more novels. His actual best was Sicilian. It is a novel about oppression of poor by rich/nobles and how an oppressed becomes a bandit or out-law. At one place he writes “This is Sicily. Here there can be treachery within treachery.” The fact is that at the climax he creates such a web of treachery. But we can not judge people of entire nation by a novelists opinion. But my season of humour is getting persistent. But the story is still being written. Let us see how many or more treacheries will play. Continue reading

McMohan Loan Yojna to prevent starvation deaths and handle food inflation.

This morning when I woke up, I knew that something is wrong. Everything looked same but yet there was something amiss. It was 6 AM, I got out to the Balcony and saw around and below, everything was in same chaos as everyday. I came back and decided to get on with the routine in the bathroom. At about 7 AM, when I was sipping my third glass of water (yes No Tea, as always) the Newspapers arrived with a thaw on Balcony wall. I decided to open it for a change.
Inside the rolled newspapers (two different ones) was a surprise. The names of newspaper were strange. These were called ‘Bigarta Times’ and ‘Roman Times’. Now I begun to wonder, what was happening. Was it some kind of joke? Or am I at some place else? Was it a parallel Universe? Does something called temporal drift/shift exists? Continue reading

Due process of law in 1354, 1772, 1791, 1955, 1973, 2008 and 2012!

None shall be condemned without Due Process of Law.

Due process is the right to be treated fairly by law. Right of Personal Liberty to a common man who is neither Nobel, Aristocrat, Royal or Rich was conferred very late in the west. Following is the earliest known concept to England:

“That no Man of what Estate or Condition that he be, shall be put out of Land or Tenement, nor taken, nor imprisoned, nor disinherited, nor put to Death, without being brought in Answer by due Process of the Law.
( See: Liberty of Subject (1354) CHAPTER 3 28 Edw 3. The STATUTE of The Twenty-eighth Year of King Edward III.)

Original text of 28 Edw. 3; borrowed from: http://www.legislation.gov.uk/

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