This is not a destructive criticism. I am aware that Supreme Court is now the last strong pillar of India.
It has withstand all kinds of pressures and have gone a long way to protect our fundamental rights.
But, this is not a ground for not criticizing it for areas in which it has miserably failed.
It has miserably failed in some areas because Senior Advocates of Supreme Court have failed to criticize Court when they ought to have done so.
In my view, Supreme Court has miserably let down people of India by watering down, two important Provisions of The Constitution of India.
1) Article 32
2) Article 142.
These are the two article which inject Rule of Law in veins of country. These provisions are powerful enough to restore your faith in Rule of Law in less than TWO hours.
The watering down of Art. 32 has began more than 20 years ago. Earlier, even if you may be living in a remote corner of India, you had Right to Knock at the doors of Supreme of Court even at 12 hours at midnight.
The Supreme Court Judges had to be ready 24 hours a day if someone from anywhere knocks at their doors and claims violation of Art.21 by big-wigs of any State.
Now, the power has been watered down. Now they say "Do Not Disturb, First go to High Court". Supreme Court lost direct control on entire India, and people lost direct Help-Line of Supreme Court.
Another is Art.142.
Whatever may be the Situation, the Supreme Court shall have as much power as of a King, to do justice in any case. In extra ordinary situations, they can pass extra ordinary orders. It can pass any order whatsoever. This is what this Article is all about.
And now, there are no judges or senior advocates who subscribe this view completely. The powers have been watered down..
Now think about, consequences of watering down these Articles.
Go to any district court bar room where lawyers may be chit-chatting on current situations.
One sentence you may often here is, "Who cares for Supreme Court orders?"
Do you want proof of this?
Ask Justice Katju. He had to summon a Judge of lower court who did not bother about an order of Supreme Court.
I have a client called J.N. Ganatra.
In 1996, he got a decree in his favour from Supreme Court. Till today, his execution petition is pending in Morvi Court. He keeps going on there every date to realize fruits of Supreme Court decree passed in his favour in 1996.
This is all I have to say.
You can draw your own inferences.
Haresh Raichura
It has withstand all kinds of pressures and have gone a long way to protect our fundamental rights.
But, this is not a ground for not criticizing it for areas in which it has miserably failed.
It has miserably failed in some areas because Senior Advocates of Supreme Court have failed to criticize Court when they ought to have done so.
In my view, Supreme Court has miserably let down people of India by watering down, two important Provisions of The Constitution of India.
1) Article 32
2) Article 142.
These are the two article which inject Rule of Law in veins of country. These provisions are powerful enough to restore your faith in Rule of Law in less than TWO hours.
The watering down of Art. 32 has began more than 20 years ago. Earlier, even if you may be living in a remote corner of India, you had Right to Knock at the doors of Supreme of Court even at 12 hours at midnight.
The Supreme Court Judges had to be ready 24 hours a day if someone from anywhere knocks at their doors and claims violation of Art.21 by big-wigs of any State.
Now, the power has been watered down. Now they say "Do Not Disturb, First go to High Court". Supreme Court lost direct control on entire India, and people lost direct Help-Line of Supreme Court.
Another is Art.142.
Whatever may be the Situation, the Supreme Court shall have as much power as of a King, to do justice in any case. In extra ordinary situations, they can pass extra ordinary orders. It can pass any order whatsoever. This is what this Article is all about.
And now, there are no judges or senior advocates who subscribe this view completely. The powers have been watered down..
Now think about, consequences of watering down these Articles.
Go to any district court bar room where lawyers may be chit-chatting on current situations.
One sentence you may often here is, "Who cares for Supreme Court orders?"
Do you want proof of this?
Ask Justice Katju. He had to summon a Judge of lower court who did not bother about an order of Supreme Court.
I have a client called J.N. Ganatra.
In 1996, he got a decree in his favour from Supreme Court. Till today, his execution petition is pending in Morvi Court. He keeps going on there every date to realize fruits of Supreme Court decree passed in his favour in 1996.
This is all I have to say.
You can draw your own inferences.
Haresh Raichura
