Friday, October 31, 2014

Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

No question of doubting the integrity of Supreme Court. A pro-active judiciary at all levels is always welcome, particularly in a country like ours where the political establishment, at times, tends to be so irresponsible and unaccountable. 
The point under debate is why the Hon'ble Supreme Court has demanded again the list of black money hoarders from the government when the same was already stated to have been submitted to it in June last itself.  In wondering so, what i and others of ilk felt was that such queries or arguments from the court side or the plaint side would only add to further delays which are endemic to our judicial system, but not to question the Apex Court at all. As the adage goes that "Eternal vigilance is the price of liberty", eternal vigilance not only by Supreme Court or by a particular organ of the government, but by every citizen, is paramount need of the times to check undue delays and corruption in any walk of life.  Otherwise, what is the use of repeating ad infinitum and ad nauseam that justice delayed is justice denied?


On Thursday, October 30, 2014, Victor Cooper <indiaresists@lists.riseup.net> wrote:
If the executive fails to do its job or fails to act when it should or acts illegally, the judiciary will step in .... and that is welcome.

Victor


From: Salil RK <protekmumbai@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Wednesday, October 29, 2014 12:19 PM
Subject: Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

The question is why the govt. resisted giving the list to the SC. The govt. was doing parallel investigation and giving amnesty to certain individuals. The SC has stopped that with insistence of giving the list and insisting that all investigation henceforth will be done by the SIT.

On 29 October 2014 12:17, Salil RK <protekmumbai@gmail.com> wrote:
The SC has huge powers. It is custodian of the constitution. Whatever wrongs the executive commits, the SC has powers to nullify the same. It not only interprets the laws but also has to see that justice has be done. The constitution provides sufficient powers to the SC.

On 28 October 2014 20:03, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?
 
In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.
For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.
There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.
Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.
The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Twitter : @nsvchennai
 

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--
Regards

Salil
Protek
9324869143



--
Regards

Salil
Protek
9324869143

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