The tussle between Indian Judiciary on one side and Honorable Parliament & Executive on other side is the product of Trust deficit among them. There are several reasons for tussle among these cardinal institutions of governance in India.
One, Trust Deficit, When one institution of any governing system does not trust over the other then whole machinery come to a dead end. Two, Fragmented Parliament, When Parliament get fragmented and Parliamentarian use to exploit the situation for the their personal political gain like to blame the executive and create such an environment which shows that Executive is too corrupt or like that. Third, When Executive is weak. That is the Coalition form of Government. In this situation also for their personal political mileage coalition partners use to create hurdle in key issue. Fourth, issue of Corruption is well know so no need to discuss it.
In short We can say that When Parliament or Executive or Both together become weak then Judiciary, on the name of issues like Public Welfare, National interest, Independence of judiciary, Public Interest, use to come in picture. But unfortunately not to help them regarding filling up the gap created but to hijack their power. And, being the guardian of Holy Constitution, Several times, Judiciary itself violated the basic fundamental of our Holy Constitution just only to hijack the power and to tell the public that In India only judges are Honest and have faith in Constitution and actively working and rest all other organs are either sleeping or corrupt.
For example, One, Constitution of SITs are not the work of judiciary. Two, Court monitored investigation is gross violation of the Doctrine of Natural Justice. Third, Opaqueness in Judicial administration is against the Doctrine of Transparency. Fourth, Drafting policy and program is not the function of judiciary. Because Executive is responsible to parliament and Parliament is responsible to the people NOT the judiciary. Fifth, Judicial Legislations are the gross violation of the principles of Separation of Power under Art. 50 of our Holy Constitution. Judiciary can interpret the provisions under statue as per the need of the case. And, can suggest parliament and executive to reconsider any statue as per the changed or changing atmosphere of our country and society. But, Judiciary can NOT make judicial legislation in any circumstance. And, if so then this will surely undermine the Jurisdiction, Power, Authority and Dignity of Honorable Parliament. Sixth, Judges must come out of the narrow mindset that only judges are actively working and rest are sleeping. Judges must know about the pathetic condition of pending cases inside the judicial walls across the country. Despite being the guarantor of fundamental rights under our Holy Constitution, They are the worst violators of our Fundamental rights (Right to Justice) enshrined in our Holy Constitution. Seventh, one may think that judges have vast experience and even knowledge to some extents. But yet One must kept it in mind that these judges are also part of our patriarchal society which means what they think and what they do that is only right type of mindset. Judges of our Judiciary are very much living with this mindset. And, having patriarchal mindset they want to get more and more power. Only the hunger of power has made them to pass judgements which created unconstitutional and illegal Collegium system. And, judgements like only Judges should be appointed as the Chief of Central Information Commission etc. Is it NOT nonsense ??
In similar way, Hunger of power moved them to exploit the weaken and fragmented parliament and coalition executive situation. And, this opportunity had been exploited by judiciary to Hijack the power of executive regarding the judicial appointment. The judiciary itself get trapped by same net for which judiciary was blaming to executive. Rather, judiciary has created more problem and open & clean corridors for corruption, controversy, nepotism etc. Judiciary and its collegium system has failed and failed miserably. But still judges are pitching for such a corrupt, opaque, nepotism based illegal and unconstitutional collegium. They are using the concept of Independence of judiciary but in reality there seems no such issue. The intent behind collegium system is to retain the power in their own hand. And, if so then this will lead to concentration of power in single institution, open and clean corridors for rampant corruption and nepotism.
In the hunger of power, Judges has exploited all possible situations to hijack the power of NOT only Honorable Excutive's but also the Power of Parliament. In this tussle of Power among these institution, the whole process of Administration and Governance, Policy and Program have got derailed and diluted.
We think this is right time for all those who were in Corridors of Power and other Institutions to come forward and discuss all these issue. And, Judiciary also must know that Transparency of Judiciary has equal weightage as Independence of Judiciary. Independence and Transparency in democracy and in our Constitutional Spirit always move hand in hand. Earlier We understand the Spirit of our Constitution, would be Better for us.
In the hunger of power, Judges has exploited all possible situations to hijack the power of NOT only Honorable Excutive's but also the Power of Parliament. In this tussle of Power among these institution, the whole process of Administration and Governance, Policy and Program have got derailed and diluted.
We think this is right time for all those who were in Corridors of Power and other Institutions to come forward and discuss all these issue. And, Judiciary also must know that Transparency of Judiciary has equal weightage as Independence of Judiciary. Independence and Transparency in democracy and in our Constitutional Spirit always move hand in hand. Earlier We understand the Spirit of our Constitution, would be Better for us.
Rajani Kant Indra
Lucknow University, Lucknow
May 01, 2015
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