A Quote by Prashant Bhushan
The retention of the power to punish for contempt for acts of speech alone, which do not directly interfere with the administration of justice, has removed the last shred of accountability of the higher judiciary in the country.
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Having enjoyed enormous powers, including the power of contempt, without any accountability, the higher judiciary has over the years, trampled the toes of many persons and institutions, particularly the media.
No man can make a speech alone. It is the great human power that strikes up from a thousand minds that acts upon him, and makes the speech.
It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments.
Bringing accountability to the judiciary must be preceded by frank public discussion and debate. Unfortunately that cannot get started with the threat of contempt looming over people.
Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
Under my administration, anyone who illegally crosses the border will be detained until they are removed out of our country and back to the country from which they came.
What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them . . . the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.
The appointment of judges to the higher judiciary cannot be the sole domain of a few members of the higher judiciary. This turf must be shared.
I have to think of my status as a resident in this country. But I do insist that in Paraguay there was order; the judiciary had the power of complete independence; justice was fully exercised.
The sword of contempt has kept the judiciary away from searching public scrutiny, particularly within the mainstream media. The judiciary is obviously happy to live with this situation as well.
Under the interlocking regimes of neoliberal power, violence appears so arbitrary and thoughtless that it lacks the need for any justification, let alone claims to justice and accountability. It is truly as limitless as it appears banal.
Under my administration, anyone who illegally crosses the border will be detained until they are removed out of America and back to the country from which they came.
The Obama administration benefited the Castro regime. The Trump administration plans to benefit the Cuban people by taking away power from the government and directly emboldening citizens.
Not wanting to suffer criticism, the judiciary has used its power of contempt to stifle criticism.
The judiciary is the only institution in the country which remains totally unaccountable. There is no institution with disciplinary powers over the judiciary.
I was asked three times directly in the hearing before the board of the judiciary whether or not I would continue to acknowledge God if I were to resume my position as chief justice. And I said I would.
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