A Quote by Prashant Bhushan
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.
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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.
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.
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.
I think it's very important to emphasize that there are many, many different educational institutions in what we call higher education, and they educate an enormous diversity of students. I think all of those institutions have to define particular roles for themselves; they can't do everything at once.
Just as judges have enormous stake in the appointment of judicial officers in the higher judiciary, the government has an equal stake. Since both of us have stakes in the appointment of members of the higher judiciary, the consultation of both of them is absolutely necessary. The government must have a say.
Over the years, the judiciary has expanded its own powers by creative interpretations of the Constitution, particularly Article 21 which guarantees the right to life. This has been interpreted by the Supreme Court to include the right to a healthy environment, to health, primary education, livelihood and shelter.
The Media are corporations so... It's the concentrations of private power which have an enormous, not total control, but enormous influence over Congress and the White House and that's increasing sharply with sharp concentration of private power and escalating cost of elections and so on.
Democracy is about institutions: it's about having things like schools and judiciary and the Ford Foundation, or 'The Nation' magazine - you need progressive institutions, you know what I mean? Those are important institutions to make sure that the government functions.
The judiciary is the only institution in the country which remains totally unaccountable. There is no institution with disciplinary powers over the judiciary.
Eventually, understanding the motivations of the terrorists and dealing with the injustices that pervade our society, and repairing the institutions of justice, particularly the police and the judiciary, will be a much more effective way of fighting terror, than laws which give more draconian powers to corrupt and insensitive police organisations.
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.
To say that I enjoyed writing... is like saying I enjoy having fingers and toes. It's difficult to imagine life without them.
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
The main reasons for the growth and institutionalization of corruption are: a culture of secrecy with lack of transparency, and weak institutions for securing the accountability of public servants, such as the Vigilance bodies, the criminal investigative agencies and the judiciary.
There is, moreover, very little sense in preventing young people from giving expression to their ideas on the pretext that they have less experience than have older persons. There are many who may live a thousand years without encountering experience of any value. It could only be in a society of persons equally gifted that such an idea could have any meaning.
The judiciary wields enormous power but is utterly mysterious to most Americans. People know more about 'American Idol' judges than Supreme Court judges. Done right, social media is a high-octane tool to boost civic awareness.
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