Is The Unelected Indian Supreme Court Acting as a Government And Destroying India?

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Any modern democratic country has four independent pillars that not only help one another but also do a check and balance to run the country properly viz. 1. The government 2. The judiciary 3. Parliament 4.The media For a country's progress, these institutions are meant to be corruption and controversy free. Even if the rest aren't quite so, the judiciary has no options for, if not, the country turns into a banana republic. In fact, being the final arbitrar of the meaning of the sections of the constitution and the ethos of the country, and also the wielder of enormous power that transcends the parliament, SC judges are scrutinized heavily like it is happening in the US. 'Spotless' is the keyword and that is what US was looking for in Kavanaugh. Prestige of the judiciary: Not earning respect as an elected representative and not commanding it through arm's fear like following a coup, SC's respect and people's faith in it are earned by its judges being descent (not impelled to hiding things), wise (having a holistic view), impartial and being a knower of country's constitution, laws and ethos. Yes Indian courts are busy and less funded, and the delayed verdict that follows, often shifts to the grandson/daughter's time. The #metoo movement hasn't helped it either. But, from the arguments narrated below, it will be clear that neither the Indian SC judges have earned respect to enhance people's faith in the judiciary, nor their judgements (amazingly quick by comparison) have been according to what India is all about. In fact their decisions are destroying the very core of what India is. a. The dirty linen wash: In the day to day activities, like justice needs to be seen to be done, judiciary needs to be seen to be worthy of respect too. SC judges are descent but still fallible none the less, and since they must be seen to be worthy of respect, Indian judiciary has its internal problem solving mechanisms to maintain that dignity. In addition, revolutions never follow laws, so SC, the protector of the law, should be the last entity to revolt. Sadly, that was not the case with the SC. In fact, in the freedom of expression used by the four dismayed SC judges while airing their grievances' to the reporters, there were four blunders. They were, the disregard of that internal mechanism, the washing up of their dirty linen in the outside world, using the fourth pillar of the state to almost make both the message delivery and the grievances political/sensational and the cause of their vexation was not quite worthy of all that fuss. The issue was simple; when the BJP disrelished judge Loya, who was scheduled to judge BJP chief Amit Shah on a murder case, allegedly died of heart attack, the assignment of another judge by the Chief Justice Mr Misra wasn't palatable to the four. After airing 'BJP killed Loya', adding some uncomfortable past assignments and seeing Saha's acquittal unpalatable revolution brew. Almost unknowingly the 'CJ is BJP inclined' by default made them 'Congress inclined'. With all that, as never before, SC judges were seen as a bickering lot, who were only diminishing the prestige of the courts. b. The impeachment: For them, not SC but democracy itself was in danger - till of course the almost retiring Mr Misra stepped down as CJ and one of the four ascended up. It was easy because, unlike the killing spree in the previous revolutions the new revolution like that of the technical gadgets or votes simply needed a process called impeachment to eject the powerful supremo. Though the attempt lacked guns, since Mr Mishra was retiring shortly anyway, the impeachment almost looked like a prestige struggle and a coup. Even if not, it displayed impatience, myopia and an acute need that was worthy of a power hungry mind alone. With all the above, India's prestige was showing a bear graph and India as a whole almost became a banana republic. The impeachment did not happen as the CJ, as expected, retired before it. What the SC judges did not only made them unfit for the CJ post but worthy of punishment too. However, far from it, one of them Mr Gogoi got elevated to that coveted post. Obviously, people aren't happy and it has been challenged in the court. Next

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Indian Supreme Court