I was piqued yesterday when CJI Vigyan Bhavan in CJs and CMs conference on 24/4/2016.

by Dr. Guru Balakrishnan

It is a pity we have PM/CMs who know nothing of Principles yet they are constitutional heads of India and states, that is is the great ‘durbagya’ bad luck  of Indian independence, British ruled better between 1929 and 1950, but great Indian independence is just permitted all arbitrary men to hold power with negligible knowledge of what a constitution could be though well drafted by men like Dr. B.R.Ambedkar but properly quenstioned by people like Pandit  Mr. Hridayanath Kunzru (United Provinces then in 1947, even on important questions on important article like 356, 357.)

 

Art 224 A –

224 A. Appointment of retired Judges at sittings of High Courts.- Notwithstanding anything in this Chapter, the Chief Justice of a High Court for any State may at any time, with the previous consent of the President, request any person who has held the office of a Judge of that Court or of any other High Court to sit and act as a Judge of the High Court for that State, and every such person so requested shall, while so sitting and acting, be entitled to such allowances as the President may by order determine and have all the jurisdiction, powers and privileges of, but shall not otherwise be deemed to be, a Judge of that High Court:

Provided that nothing in this article shall be deemed to require any such person as aforesaid to sit and act as a Judge of that High Court unless he consents so to do.

Was rightly drafted then , perhaps,  believing PMs or CMs might be incorrigible , power hungry – indeed they are today , when they passed satistically unsupported but by fake statistics in Mandal commission which was appointed by PM Mr. Morarji Desai but he shelled it noting ‘most unreliable data, but revived by great politically ambitious Mr VP Singh who followed as PM.

By a constitutional amendment which resulted in so many precious were lost in self-immolations due to government killing ‘Merit’ in colleges and universities besides affected public employment due to unreasonable ideas of reservations to once ruling communities as ‘backward communities’ while really badly affecting the really economically backward people in any community.
Besides after Indira Shahani v UOI case verdit by SC resulted  the Kerala incorrigible government under  the then CM mr. karunakaran just to save his chief secretary from being prosecuted under Contempt of Courts Act 1971 by the very honorable SC, he passed ‘Creamy layer bill’ to allow rich and well to do Backward communities to enjoy reservation even at the very cost of really  economically backward communities, as these ‘creamy layer’ just cornered almost all the quota of BC/
OBC/etc communities besides including some as special backward communities just the Congress government wanted backward classes votes in an Art 14 proposed ‘Equality’ before law classes, meaning majority of BC/OBS etc would corner most of the university seats as also government jobs.
Besides, now Maharashtra government would allow some 10 lakhs ‘fake caste certifies reservationinsts’ to be protected instead of sacking them, as it is a laid down of settled principle of law, tainted persons cannot even move writ petitions – here, these fake tribal  fellows are from again backward/OBC categories as their greed just balooned about to be exploded.
Could we think these governments supporting ‘fake Tribals’ among backwards would ever be good governments of good governance, certainly NOT is obvious – would these shameless governments  ever reduce the burden of 5 crore or 3 crores pending cases, with always very meagre- strength of judges besides many a time governments draft the already low number of  judges ever just to  man their doubtful  ‘Tribunals’, besides, these governments failed to allow the president to appoint already recommended judges by SC collegium – NO s also obvious – but the governments just ‘Tom Tom ‘ their so called commitment to reduce so many pending cases, obviously increasing day by day, besides since 1987, about 25 crores people  increased  the population by that number;
The government in the center wanted to bring in NJAC Act by a Constitutional amendment No 99, but rightly the honorable SC 5 member Bench rightly declared ‘ultra vires; the Constitution;
Central government wanted to control the judiciary, an equal level constitutional authority  with absolute control in the area of ‘Justice’, i,e., Judiciary, obviously so earmarked  by the founding fathers of the Constitution of India, with clear insight that this judicial power could never be in the hands of the Executive, for Executive would become absolute power hungry would just usurp the  judicial system in the country with all arbitrariness available;
The ‘setting aside’ of the 99th  Constitutional Amendment caused the ‘bad blood’ in the Executive – the union of india government headed by the PM and CMs in the States made the Executive highly desirous of making the judicial system to collapse, by its strategy to choke the judiciary expecting it to make judgments without following the constitutional tenets, by making the cases ratio per judge not only unmanageable besides indeed impossible expectations like making 50 judges to handle 18000 cases just only by honorable SC , i.e., per judge handle 18000 cases divided by just 50 judges; so also  balance in 3 crore cases to be handled by other High courts/ and other judges  – indeed an impossible task if you see world over in advanced democracies 1 judge handles 81 cases; if we compare the indian ratio, one would wonder whether the government really wants  the cases by rightly judged or judged haphazardly would become clear – would the CJI take this as a great comfortable system of judicial governance, so obviously this situation  made him to breakdown in the public conference – the world clearly thin- Indian democracy itself is great fake.
He being a conscientious man he never wanted 3 crore cases  now pending , mostly filed by many accused languishing in jails without trial for years could not be wrongly convicted; yea he could simply acquit them for want of trials or convictions not confirmed by higher judiciary; but he just not wanted to do that either, so obviously he is really the Most Honorable chief Justice of India,
I like to narrate an experience of Frank Koch in ‘Proceedings’ , the magazine of the U.S Naval Institute:

              ‘Two battleships assigned  to the training squadron  had been at Sea on maneuvers  in heavy weather for several    

                Days. I was serving  on the lead  battleship and was on watch on the bridge as night fell. The visibility  was poor and

                Patchy fog, so  the captain  remained on the bridge  keeping  an eye on all activities.
Shortly after dark, the look out on the wing  of the bridge  reported :
                        ‘Light , bearing  on the starboard bow.’

                  

                        ‘Is it steady or moving astern?  , the captain called out.
                        Lookout replied, ‘Steady, Captain, ‘ which meant , ‘we were on dangerous collision  course with that ship’.
The Captain,  then called to the signal man, ‘ Signal that ship : ‘We are on a collision course, advise  you  change  course  20 degrees.
                    Back came  a signal ; Advisable for you to change  course 20 degrees.’.
The Captain said, ‘Send I’m Captain, Change Course 20 degrees’.

Back came:  I’m a seaman, second class, ‘Came  the reply,  ‘You had better change course 20 degrees’.
By that time,  the Captain was furious. He spat out, ‘Send  I’m  a battleship. Change course 20 degrees.’
Back came the flashing light, I’m a Light House’.
WE CHANGED  COURSE. “
What do we get here, friends!.
The Paradigm shift experienced by the Captain – and by us as we  can read this account – puts  the situation  in a ‘TOTALLY  different Light.
We can see see  a ‘REALITY’ that is super-ceded  by his (Captain’s)  Limited  Perception –  ‘A REALITY that is CRITICAL for us to understand  in our daily lives, as it was for the Captain  in the fog – ‘Captain is mentally fogged’, as he was in the ‘fog’!
Cecil B deMille observed: ‘ of the PRINCIPLES contained  in his monumental movie , The Ten Commandments’
‘It is impossible for us to Break the Law. We can only break nourselves against law,’
While individuals  may look  at their own lives; and, interactions in terms of  Paradigms or maps are not territory .
The “Objective Reality’,”   or the ‘territory itself’, is COMPOSED  of ‘LIGHT HOUSE’ principles govern  ‘HUMAN GROWTH’; and  Happiness – Natural Laws that are woven into the Fabric of Every  Civilized Society throughout History ; and comprise  the ‘roots of Every Family’ and Institution that has ‘endured’ and ‘prospered’.
The’degree’ to which our mental maps accurately describe the Territory doesn’t alter  the Existence..
That was, the actual problem PM faced like Captain; so CJI rightly said like seaman second class,  ‘Light House’. This is an analogy.
CJI is right PM is wrong not really understanding why there were crores of pending cases.
PM failed on two fronts so too CMs – one not allowing appointments of 170 judges already recommended by SC Collegium, in the result , the President didn’t issue Warrants of appointments; as also not invoked Art.224A of the Constitution of India.  

                     

     

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