At present, Supreme Court is the STRONGEST Constitutional Institution in India. It has tied up whole country together. It decides cases against highest and mightiest in the country and it commands utmost respect of entire country.
Recently, Shri Nitishkumar, CM of Bihar made a statement, "If Biharies will not work for even one day, the whole Delhi will come to a halt."
One wonders, why such statements are made to divide Indians into, Bhihari, Gujarati, Maharshtrian, North Indian, South Indian etc.
In Supreme Court, we never hear such words. Here whole county is one. All lawyers are one. All Judges are one. There is nothing like "a Gujarati Judge favouring Gujarti lawyers, a Muslim Judge favouring muslim advocate or like such cheap things."
All Judges treat all lawyers equally and almost all parties equally. There is nothing like groupism in Judges also. At High Court level we often used hear that judges have formed gorups and they favour relatives of judges of certain group.
But thank God, I have never heard such things in Supreme Court. In my view it is the most impartial court in the country.
BUT THIS ARTICLE IS ON DIFFERENT ISSUE
This article is not about praising Supreme Court. In past, attempts have been made to weaken Supreme Court. Some Parts of Supreme Court are already weakened.
My attempt is to tell you about this from my recollection.
FIRST MEMORY:
In a retirement welfare party, a Supreme Court Judge said to lawyers, "We do not have threats from outside. We have threats from inside."
He was trying to tell us that, if Supreme Court will be weakened, it will not be an outsider's Job, but it will be an insider's Job.
This was a great brave judge who had directed that land allocated to a Former Prime Minister of India, be returned back to Government.
SECOND MEMORY :
An attempt was made to set up FOUR SEATS of Supreme Court at various places in India. The ostensible argument given was, "Poor People of India are finding it difficult to travel to Delhi to file cases in Supreme Court."
To me, Real idea appeared to be bring Supreme Court under Regional Governments Influence.
This idea failed.
THIRD MEMORY :
An attempt was made that Periodical Benches of Supreme Court may sit in different parts of country for different periods.
Again, arguments and idea looked same.
This proposal too failed.
FOURTH MEMORY: Only recently, attempt was made to again set up Supreme Court in Four places in India.
Again the arguments were same. To me, real reasons were "Political Class's desire to increase Regional Influences on Supreme Court.
FIFTH MEMORY :
This is something which is happening RIGHT NOW, when you are sleeping.
India's Supreme Court is considered STRONGEST SUPREME COURT IN ENTIRE WORLD.
Because here, Judges Themselves Appoint New Judges to Higher Judiciary. In other Countries, Prime Ministers and Presidents have powers to appoint judges. In India, after 1993, they have no such powers. Therefore, India's Supreme Court is considered Strongest Supreme Court in India.
Some people. Who Want A Share in The Cake, are arguing for setting Judicial Commissions and Accountability Bills.
Their arguments are that They Want To Strengthen Judiciary.
But in reality, according to me, they want to weaken the Judiciary and they want a share in the Cake.
This is happening right now. Any Day.
Opposition not likely to oppose, because they too want a share in the cake.
SIXTH MEMORY :
This is about power of Supreme Court under Art.32.
This damage has already been done.
Earlier, Article 32 was a Radar scanning all over country. The Judges used to use this power to keep scanning country for massive injustice.
Now this Radar has either stopped working or it has lost capacity to scan whole country.
This has happened due Clogging of cases in Supreme Court. Less appointment of Judges. Records room has fewer places to keep cases.
In such atmosphere, Art. 32 is used less by Supreme Court.
Haresh Raichura
22/3/2012
Recently, Shri Nitishkumar, CM of Bihar made a statement, "If Biharies will not work for even one day, the whole Delhi will come to a halt."
One wonders, why such statements are made to divide Indians into, Bhihari, Gujarati, Maharshtrian, North Indian, South Indian etc.
In Supreme Court, we never hear such words. Here whole county is one. All lawyers are one. All Judges are one. There is nothing like "a Gujarati Judge favouring Gujarti lawyers, a Muslim Judge favouring muslim advocate or like such cheap things."
All Judges treat all lawyers equally and almost all parties equally. There is nothing like groupism in Judges also. At High Court level we often used hear that judges have formed gorups and they favour relatives of judges of certain group.
But thank God, I have never heard such things in Supreme Court. In my view it is the most impartial court in the country.
BUT THIS ARTICLE IS ON DIFFERENT ISSUE
This article is not about praising Supreme Court. In past, attempts have been made to weaken Supreme Court. Some Parts of Supreme Court are already weakened.
My attempt is to tell you about this from my recollection.
FIRST MEMORY:
In a retirement welfare party, a Supreme Court Judge said to lawyers, "We do not have threats from outside. We have threats from inside."
He was trying to tell us that, if Supreme Court will be weakened, it will not be an outsider's Job, but it will be an insider's Job.
This was a great brave judge who had directed that land allocated to a Former Prime Minister of India, be returned back to Government.
SECOND MEMORY :
An attempt was made to set up FOUR SEATS of Supreme Court at various places in India. The ostensible argument given was, "Poor People of India are finding it difficult to travel to Delhi to file cases in Supreme Court."
To me, Real idea appeared to be bring Supreme Court under Regional Governments Influence.
This idea failed.
THIRD MEMORY :
An attempt was made that Periodical Benches of Supreme Court may sit in different parts of country for different periods.
Again, arguments and idea looked same.
This proposal too failed.
FOURTH MEMORY: Only recently, attempt was made to again set up Supreme Court in Four places in India.
Again the arguments were same. To me, real reasons were "Political Class's desire to increase Regional Influences on Supreme Court.
FIFTH MEMORY :
This is something which is happening RIGHT NOW, when you are sleeping.
India's Supreme Court is considered STRONGEST SUPREME COURT IN ENTIRE WORLD.
Because here, Judges Themselves Appoint New Judges to Higher Judiciary. In other Countries, Prime Ministers and Presidents have powers to appoint judges. In India, after 1993, they have no such powers. Therefore, India's Supreme Court is considered Strongest Supreme Court in India.
Some people. Who Want A Share in The Cake, are arguing for setting Judicial Commissions and Accountability Bills.
Their arguments are that They Want To Strengthen Judiciary.
But in reality, according to me, they want to weaken the Judiciary and they want a share in the Cake.
This is happening right now. Any Day.
Opposition not likely to oppose, because they too want a share in the cake.
SIXTH MEMORY :
This is about power of Supreme Court under Art.32.
This damage has already been done.
Earlier, Article 32 was a Radar scanning all over country. The Judges used to use this power to keep scanning country for massive injustice.
Now this Radar has either stopped working or it has lost capacity to scan whole country.
This has happened due Clogging of cases in Supreme Court. Less appointment of Judges. Records room has fewer places to keep cases.
In such atmosphere, Art. 32 is used less by Supreme Court.
Haresh Raichura
22/3/2012
