17th October 2015
Musings.......
When the Supreme Court of India strikes down the NJAC Act, it comes as no surprise. The surprise on my part is when there was a huge hue and cry regarding the Apex courts decision. What we should not forget is that a liquidated Judiciary is a threat to democracy.
I hope no one will disagree that judiciary should be insulated from political interference.
Coming to the Act per se it is highly inadequate and unsatisfactory. The inclusion of the Union Law Minister and two "eminent persons" appointed by the government is unacceptable. On top of that giving veto power to two members on all decisions is like handing over the judiciary to the political executive.
Our constitution was based on the Doctor of seperation of powers. If this law had been passed it would have been a case of clear cut encroachment on the part of executive on the judiciary's forte.
The verdict of the five member bench of Supreme Court is hence timely.
If the civil society still feels that members of the judiciary electing themselves unacceptable, then they should come up with some better way. Until then let's hope that flawed choices do not erode the apex courts credibility.
Food for thought.........
RC
When the Supreme Court of India strikes down the NJAC Act, it comes as no surprise. The surprise on my part is when there was a huge hue and cry regarding the Apex courts decision. What we should not forget is that a liquidated Judiciary is a threat to democracy.
I hope no one will disagree that judiciary should be insulated from political interference.
Coming to the Act per se it is highly inadequate and unsatisfactory. The inclusion of the Union Law Minister and two "eminent persons" appointed by the government is unacceptable. On top of that giving veto power to two members on all decisions is like handing over the judiciary to the political executive.
Our constitution was based on the Doctor of seperation of powers. If this law had been passed it would have been a case of clear cut encroachment on the part of executive on the judiciary's forte.
The verdict of the five member bench of Supreme Court is hence timely.
If the civil society still feels that members of the judiciary electing themselves unacceptable, then they should come up with some better way. Until then let's hope that flawed choices do not erode the apex courts credibility.
Food for thought.........
RC
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