Should the four SC judges have dissented publicly
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cheap Canada Goose An unprecedented event took place on January 12 when the four senior most judges of the Supreme Court, after the Chief Justice of India (CJI), held a press conference, buy canada goose jacket cheap issued a statement, and also Canada Goose Jackets answered questions from the media. Justice J. Chelameswar, at whose residence the press conference was held, said that the judges were “left with no choice” other than to communicate canada goose to the nation the many “less than desirable things” that have happened “in the last few months”. cheap Canada Goose
Canada Goose Online They said in their statement that “certain judicial orders passed by this court” have “adversely affected the overall functioning of the justice delivery Canada Goose online system.” Justice Chelameswar said that all four of them canadian goose jacket are “convinced that unless this institution is preserved and it maintains its equanimity, democracy will not survive in this country.” Canada Goose Online
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canada goose clearance sale The four judges have an impeccable record of integrity, erudition, and impartiality. They felt that it was necessary to inform the nation about the lack Canada Goose Parka of impartiality by the CJI in the process of administration of justice. They further said that they did not want the country 20 years from now to think that they had “sold their souls”. canada goose clearance sale
cheap canada goose uk From a plain reading of their statement and their replies to questions at the press conference, it is clear that they issued the statement as a last resort, with deep anguish, in order to save democracy and the Supreme Court. They had no option but to address the nation and inform its citizens about the lack of impartiality, which is the bedrock of administration of justice. cheap canada goose uk
canada goose factory sale The four judges were absolutely right in informing the public of the dangers that lie ahead. Democracy is enshrined in the Constitution. It is their duty as Supreme Court judges to protect the Constitution. If there is no democracy, there is no Constitution and no constitutional democracy. canada goose factory sale
buy canada goose jacket It is not as if the four judges did not try for months to convince the CJI that he must not resort canada goose clearance sale to selectivity in the assignment of cases, but it canada goose coats on sale bore no results. Even on the canada goose black friday sale day of the press conference, they met the canada goose deals CJI (in regard to the listing of cases) but could not convince him. Unless this lack of impartiality in the administration of justice is enquired into, and unless rules are framed on a rational basis and a system is devised for an impartial allocation of cases, the cheap Canada Goose damaged faith of the people of India in the impartiality of the Supreme Court will not be fully restored. Needless to say, that independence and impartiality form the basic structure of the Constitution. buy canada goose jacket
The Attorney General has unfortunately failed to deal with the vital issues raised. He has instead tried to hide these issues under the carpet and declare that everything is settled and hunky dory. He canada goose coats has failed the Constitution. It appears now that he has taken a complete about turn as he has declared that the controversy is not yet settled.
canada goose clearance This is an opportunity for the Attorney General to save the Constitution. Equally, it is his constitutional duty to squarely attend to the vital issues raised by the four judges in discussion with the CJI and all other judges of the Supreme Court to find a solution that will restore the dignity of the Supreme Court. Desai is a senior advocate and former additional solicitor general of India canada goose clearance
NO Ujjwal Nikam
uk canada goose If the judiciary is divided, it will have a direct effect on the very survival of democracy uk canada goose
canadian goose jacket A strong and united judiciary is the sine qua non canadagoosejacketonlines.ca for a strong and vibrant democracy. When any judge has a difference of opinion on any professional matter with his brother colleagues, the best way to iron out these differences is to have an amicable discussion on the same. If this is not possible, then a discussion must be held with the help of other judges. However, it is not proper to go public and talk about these differences, whatever they may be. The stability of a nation depends on two factors: the common man’s absolute faith in the currency of the nation and in the judiciary. In a democracy, the judiciary is one of the most important pillars and it is the last ray of hope for the common man. He pays utmost respect to the judiciary. If his faith in the judiciary is hampered in any manner, the result is a huge loss to the country and to the judiciary. canadian goose jacket
Canada Goose Jackets Judicial discipline also requires maintaining a certain decorum because under the Contempt of Courts Act, truth is not a valid defence. The legislature has made this rule to ensure that the common man’s interests are protected, even if there is a ring of truth in the allegations. That is why I am of the opinion that whatever the differences amongst themselves, they should have been sorted out in the chamber itself. Canada Goose Jackets
canada goose canada goose outlet coats Either the judges should have called for a full court meeting where they could have discussed the issue and found a solution or they could have sought the intervention of the President canada goose clearance to resolve the issues. Canada Goose sale Appointments of judges are issued in his name. He could have acted as an umpire and the matter would have been confidential. Informing and seeking the intervention of the President would also have ensured that there was no interference in the judiciary. canada goose coats
Today, we are seeing how political parties are settling scores, by accusing each other of interference in the highest judiciary. They are scoring brownie points based on that press conference, which is really unfortunate. The manner in which the media asked questions during that press conference was also unfortunate. I don’t blame the media. Ultimately, the judges are looked at as gods by the common man. That faith of the common man has now taken a knock. I do not want to comment on the charges levelled as that is a separate matter.
Should not set a precedent
canada goose black friday sale What I also fear is that the subordinate judiciary might take this as a cue to air their differences. After all, they too can do the same. The High buy canada goose jacket Courts, the lower courts and various judges could all come out and publicly speak against their chief justices. There would be anarchy if that were to happen. canada goose black friday sale
The judges said they had come to the court of the public, but the public court has no jurisdiction. Ultimately, they have to sort out the problem between themselves.
canada goose This should not set a precedent. Corrective measures need to be taken by the judiciary itself in order to set things in order canada goose.