India's survival depends on RULE OF LAW. Democracy becomes meaningful only when rule of law becomes a reality. Judiciary and Legal Systems cannot be underdogs of Parliament and Executive, though theoretically, ostensibly, Parliament is declared as supreme.
TODAY'S untrivia: THE TELUGU PROVERB 'KUNJARA YUDHAMBU DOMA KUTTUKA JOCCEN', approx. Engl. equivalent 'A herd of Elephants entered into the throat of a mosquito', seems to apply to Retd. Supreme Court CJI. Recommendation of 1st Law Commission, 14th Report, as explained by Late M.C. Setalvad, one of Constitution Drafters, 1st Attorney General , Chairman 1st Law Commission, 1st Chairman, Bar Council of India: '....The Commission had, after careful consideration expressed the unanimous view that the practice of Judges looking forward to or accepting employment under the Government after retirement was undesirable as it could affect the independence of the Judiciary. We therefore recommended that a constitutional bar should be imposed on Judges accepting office under the Union or State Governments similar to the bar in the case of the Auditor and Comptroller-General and members of Public Service Commissions. ...' [ybmad contg.:] On advice of GOVERNMENT
WHY BLAME A JUNIOR ADVOCATE? NEWS HEADLINE : "SC PULLS UP MAHINDRA SATYAM FOR 'ARROGANCE' " The SC here refers to the Supreme Court of India. Pulling up refers to the Supreme Court censuring the Company "Mahindra Satyam". Brief Details : A dispute between the Company 'Mahindra Satyam' and the Income Tax Authorities regarding the earlier order of the Income Tax Department demanding a tax of Rupees 6170 million (617 crore). The Income Tax Authorities seem to be re-examining their demand of Rs. 6170 million and probably trying to reduce it. A letter addressed by the Company to the Income Tax Authorities asking them to withdraw their demand, has been interprted by the Attorney General Mr. G.E. Vahanavati as highly offensive. A three-judge-bench headed by the Chief Justice of India remarked : "You cannot do this in such manner. Instruct them (Satyam) to withdraw the letter. This is not the way." The Bench seems to
Prevention of Miscarriages 9 High Courts and Supreme Courts ought to aim to prevent injustice. What is the use of post mortem? Topics for discussion: Miscarriage of Justice, High Courts, Supreme Court, Constitution, A.P. Bifurcation With due respect to the Supreme Court of India and the State High Courts in India, I am anguished to express my feelings as under: Supreme Court and High Courts seem inclined to intervene only after an injustice takes place and refuse to intervene if the petitioners approach in advance. Prevention of injustice, rather than some artificial correction after miscarriage of justice, ought to be the objective of a truly responsive Justice System. Philosophy of Justice expects that courts have to intervene, when applicants approach ahead of the actual happening of injustice, if there are indications of the injustice taking place, prima facie. Andhra Pradesh Bifurcation Bill serves as the best example of miscarriage of justice owing to refusal of High
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