Is Our Executive Failing?

[devdahiya]

What has happened to the law enforcing agencies in INDIA as the task needed to be performed by the bueaucracy are being passed on to the judiciary, which inturn has over streched the Judicial body's work. this has lead to many contempts of court. A highly respected body like Judiciary has to do someone else's job at the cost of its dignity, which as per me is not only wrong but a dangerous trend. What feel the Members?

[perry4law]

Dear Dev

The Constitution of India deserves respect of all. This respect is also due from the three organs of the Constitution, namely the Executive, Legislature and the Judiciary. A true respect to the Constitution cannot be paid till these organs work in a holistic and harmonised manner. The Judiciary is the least dangerous branch of the government. This is paying respect in a negative manner to the judiciary. It is strange that every time a genuine attempt to curb demands and efforts falling outside the Directive Principles is made by the Judiciary, a lot of hue and cry is raised. The confrontation, if any, is not due to germane reasons but because the political ideologies of the political parties are in conflict with the national interest reflected in the judgments of the Supreme Court. It is true that even the Supreme Court is also not correct every time, but then it is manned by human beings, who are lesser vulnerable to deviations.

It is generally claimed that the Supreme Court is the guardian of Fundamental Rights. In the ultimate analysis, however, it is the “guardian of the Constitution”. It is high time more reminders by the Supreme Court must be send to the Government to fulfil its solemn obligations imposed by the Constitution of India. If the Court cannot put a check on the arbitrary exercise of discretion by the Executive, then none can save this democracy and nation.

With due respect to dissenting views and right to speech and expression of other learned members.

Regards

Praveen Dalal

[devdahiya]

My dear Praveen ji, what i meant was the same as you are saying. It is the judiciary which has been compelled to do the job of some other organ of the govt.Law and order is the subject of executive but due to constant indifferance of law enforcing agencies, matter lands up at the door of judiciary and as such judiciary gets over worked and so many cases don't get heard in time thereby over burdening the judiciary. Today everybody is ready to go to supreme court.Dismissing state govts under article 256 is one such example.

[perry4law]

Dear Dev Ji

It is true that we share common concerns and belief regarding this issues and many more. However, there may be other learned group members who may feel to disagree with us. I respect their dissenting views in the similar manner as I do yours. This is what is known as democratic participation. We came to same conclusion but with different wordings. Anyway, it is our meeting of mind and common concern that is relevant and till we are striving for a better world, rest is immaterial.

Thanks for your supporting words.

Warm regards

Praveen Dalal