dahiyars
December 12th, 2004, 09:56 PM
Save Legal & Justice System
Three main threats to Legal system are there– increasing corruption; incursions from globalisation forces; and lack of accountability of judges – to the legal and justice system of the country. The present rulers of the country by means of administrative orders were slowly taking away what was incorporated in the Constitution. They were leaving no stone unturned to please and oblige the foreign imperialist forces, even going to the extent of mortgaging the country’s interests to them. He charged that the interests of the poor of the country are completely ignored by the rulers. It is said that whatever the working classes had gained through hard struggle was now being taken away by the government in the name of so-called globalisation and liberalisation. Neo-liberal economic reforms were pushed through by the minority P V Narasimha Rao government in 1991 – changing the fundamental structure of our economy – without even bothering to amend the Constitution. The root of corruption, now plaguing the higher levels of judiciary also, lies in the implementation of the so-called globalisation and liberalisation policies.
Today in the name of globalisation, liberalisation and privatisation, “the lone super power is threatening the sovereignty of many nations and bullying the United Nations, itself a subsidiary instrumentality, using intimidatory military authority to control the resources everywhere on the earth.” The essence of democracy is accountability of all institutions to which judiciary is no exception. Without this there is a possibility that judiciary itself may stand converted into judiocracy amongst others, what is true “about the defects in the present procedure of appointments to higher judiciary is also true of the removal procedure of the erring members of the judiciary.” Independent National Judicial Commission (NJC) entrusted with the sole authority to appoint and remove members of the higher judiciary is the need of the day. While appointing the judges at all levels, and assessing their work, it is not enough to assess their professional competence. Their commitment to constitutional objectives, their views and values in life and the norms and principles they observe in their day-to-day conduct must also enter the assessment of their fitness to hold the office. An institution like the judiciary, particularly under our Constitution, is an easy and convenient mode of sabotaging the Constitution from within and persons with design to do so may always use it for the purpose. The experience has shown that this is not a theoretical threat.
The measures to transform the legal profession into a commercial venture, allowing non-lawyers to be made members of law firm and entry of foreign lawyers is to be strongly condemned and opposed by the people at large .
Dr.R.S.Dahiya
Three main threats to Legal system are there– increasing corruption; incursions from globalisation forces; and lack of accountability of judges – to the legal and justice system of the country. The present rulers of the country by means of administrative orders were slowly taking away what was incorporated in the Constitution. They were leaving no stone unturned to please and oblige the foreign imperialist forces, even going to the extent of mortgaging the country’s interests to them. He charged that the interests of the poor of the country are completely ignored by the rulers. It is said that whatever the working classes had gained through hard struggle was now being taken away by the government in the name of so-called globalisation and liberalisation. Neo-liberal economic reforms were pushed through by the minority P V Narasimha Rao government in 1991 – changing the fundamental structure of our economy – without even bothering to amend the Constitution. The root of corruption, now plaguing the higher levels of judiciary also, lies in the implementation of the so-called globalisation and liberalisation policies.
Today in the name of globalisation, liberalisation and privatisation, “the lone super power is threatening the sovereignty of many nations and bullying the United Nations, itself a subsidiary instrumentality, using intimidatory military authority to control the resources everywhere on the earth.” The essence of democracy is accountability of all institutions to which judiciary is no exception. Without this there is a possibility that judiciary itself may stand converted into judiocracy amongst others, what is true “about the defects in the present procedure of appointments to higher judiciary is also true of the removal procedure of the erring members of the judiciary.” Independent National Judicial Commission (NJC) entrusted with the sole authority to appoint and remove members of the higher judiciary is the need of the day. While appointing the judges at all levels, and assessing their work, it is not enough to assess their professional competence. Their commitment to constitutional objectives, their views and values in life and the norms and principles they observe in their day-to-day conduct must also enter the assessment of their fitness to hold the office. An institution like the judiciary, particularly under our Constitution, is an easy and convenient mode of sabotaging the Constitution from within and persons with design to do so may always use it for the purpose. The experience has shown that this is not a theoretical threat.
The measures to transform the legal profession into a commercial venture, allowing non-lawyers to be made members of law firm and entry of foreign lawyers is to be strongly condemned and opposed by the people at large .
Dr.R.S.Dahiya