Gauhati High Court delivered a Key Judgment. Why most of the Judges of The Courts of Justice are not so dynamic and pro-active? Whether it is due to wrong selections or excessive political interference in Judiciary? . In politics, if Governments do not give ballots to people, in course of time, people will give bullets to politicians by frustrated social unrest and injustice. Failure of Justice delivery System is reportedly one the main reasons of uprising social unrest in Communist China, today. In peace loving India, people rely on Two redressal avenues - One, fair Elections and Another, Judiciary for redressal of their grievances; when these two systems fail, youth will naturally go into the stream of extremism in vengeance against their Governments; this is a raising social phenomenon in present India. Extremism is not One-Time problem, it is always a recurring social force. India has Two Distinct Laws from the same Statutory Books - One, Soft Laws for Rulers and Another, Stringent Laws for Common Ruled. . Why ? Because of ineffective Judicial Mechanism. Normally Judges of the Courts of Justice are three kinds - 1. Brilliant, Dynamic and innovative Judges who deeply study the true scope, ambit and objective of Enactments by reading the provisions of Law in its letter and spirit to propound a New Legal Proposition upholding or quashing the impugned law; 2. Intelligent, hard working and experienced Judges who simply follow the Law without taking much risk of effecting existing Laws relying upon earlier Judicial precedents and 3. Time pass, callous and lenient Judges who want to work comfortably on Bench till successful completion of Tenure on Bench by simply disposing off the matters without any intention or interest to make their mark in Judiciary or Legal History. 1st Category of Judges remain forever for their dynamics of law, 2nd Category of Judges remembered for their strict adherence to rule of law and 3rd category of Judges disrespected for their self-end goals as if they worked only to pave rosy way to their Children in legal profession and for lucrative post-retirement rehabilitation preparations from The Bench, . On 7the November, 2013 Gauhati High Court has delivered a dynamic Verdict declaring that very creation of CBI is Unconstitutional under all provisions of Constitutional law, of course Stayed by the Supreme Court of India in a House Motion on 9th November, 2013. Since 1960s only a few High Courts like Allahabad, Bombay, Calcutta, Delhi, Gauhati, Kerala, Lucknow, Madras, Orissa, Punjab & Haryana delivered remarkable Judgments and rest of the High Courts in India are known to be disposing off the matters without any Judicial value out of their States. Judiciary is respected not because of its massive buildings, heavy perks, salaries, luxurious bungalows or lavish cars of the Judges but only because of it Pro-People and Pro-National Qualitative Judgments, . Major legal deficiency in India is absence of Uniformity in Judicial Mind. It is the Constitutional Function of The Legislature to time-to-time review of Enactments in Force, amend in accordance with needs of ever Changing Society. It is not the duty of the The Courts to induce its new reading in between the lines not laid down in the Preambles or Provisions. Unconstitutional act of the Governments have to be struck down. Judicial Review is meant for it. For more than two decades, till recently, The Supreme Court of India always came to rescue of The Government of India to stay and set aside High Courts Judgments may be on National Anthem, Rule of Law, Reservations, Equality, discrimination and etc. Irrational, arbitrary and anti-National Policies of the Governments. Still it is a Myth to understand What exactly Law of the Land, Rule of Law, Equity and Justice means in India . . The Apex Court selectively apply all these principles in some insignificant private matters. Prima facie, it appears that now. after a long time, Mind of The Apex Court started changing in favour of the Nation. In India, general public is of opinion that application of Law depends on individual views, feelings, affiliations, commitments, convictions and some other personal attachments of Judges. That why, now-a-days, most of the Clients first question an advocate Do you know the Judge personally, Can we manage ? before entrusting heavy brief for sure Order. So, Children, kith and kin of sitting or retired HC, SC Judges enjoy the edge over others in securing rich clients, companies and heavy fee matters. Post Courtesy # Prabhakar Drr posted to Lawteller - A Legal Awareness Magazine
Posted on: Sun, 10 Nov 2013 08:56:50 +0000
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