Well no offense to Judges, but this has been really a very unthoughtful comment that has come out of the top responsible incumbents in Judiciary, specially at a time when Indian political and governing system is completely incompetent and inefficient.
Their observation may be true, but what Judges are lacking is that they are looking at Judiciary in isolation, not in the context of current demand and exactly for which there has been a distribution of power in Constitution. The motive behind distribution of power is to prevent abuses by those who are in power.
At the time when people have lost their hope in political system, bureaucrat are inefficient and corrupt, and the gap between rich and poor is increasing, it is the duty of the Judiciary to utilize the power given to them by constitution to its full extend for betterment of society. Instead of restraining themselves and following the words or sentences in constitutional books blindly, they should look for the real purpose behind the power given to them.
Politicians are giving more and more power to themselves by amending constitution, and they are the class of people whose actions are always and purely driven by their selfishness, I wish constitution makers to have been more visionary and practical rather than being ideal and should have put some clauses as to who can join politics and there should have been some set standards for anyone to qualify to enter into such a responsible and powerful domain. But anyway, harm has already been done, politicians are exploiting loop holes of our ideal constitution. So this is the time that other segments such as Judiciary, which has been given power by constitution, to come up and realize its power to full extent instead of restraining, to help the real purpose of constitution – development, prosperity, equal economic and social opportunities and equal rights for citizens.
I have always been frustrated whenever I look into the history of India. We never learn from history and always neglect the statistic in making decisions. Instead of being more practical and emphasizing on common sense we prefer idealism. Looking into the wars with Pakistan so far – During 40s India stopped Pakistan Army from taking over full Kashmir but restrained herself from taking back the whole Kashmir. Had we taken over full Kashmir at that time, there would have been little less problems for us now.
Instead of continuing 1965 war and defeating the Pakistan completely, we immediately showed restrain when Pakistan gave up. Not only this in 1971 when we defeated Pakistan and it was Pakistan’s fault to attack us, instead of taking over its military and putting tough treaty and Indian military bases in Pakistan to check its ill wills in the future, we showed restrain. And we have been seeing the results, everyday we spend millions of dollars of tax payers money and hundreds of lives of our Military men. When can we learn? We have a well documented history of Europe and US, we should learn what made them different, powerful and prosperous. for e.g. US made its military base in Germany and Japan after WW-II and till today checks their all military power. We should have learned at least something from them.
Anyway, coming back to the main topic, the purpose of mentioning above was for Judiciary to learn that restrains against problem makers leads to more problems. If you are a good man it is your right and duty to attain as much power as you can and to utilize it for the betterment of society. Instead of being someone who would go by the books written some 50 yrs back, use common sense – try to go by the purpose of constitution instead of blindly following some ideal guidelines.
I read a story when I was in class 2-nd, it was about a Lion and its ministers which included a Camel who was the most loving to Lion, and all others wanted to eliminate Camel. One day when Lion was ill he asked his ministers to go for hunting and get some meat for him. Other than Camel everyone purposefully came back empty handed and offered themselves (their body) as food knowing that other ministers will refuse it. Camel could not hunt and had to come back empty handed, and when he saw everyone offering themselves as food he too did the same, and result – before Lion could say anything other animals jumped over the Camel and killed him. Moral of the story – don’t try to be saint in front of selfish and cunnings. Somehow seems like Supreme Court is trying to do exactly the same, which is nothing other than suicide. Tomorrow, every order of the court will be challenged by these politicians and corrupt bureaucrats as unconstitutional, and eventually court may end up loosing all the power and worstly the hope of the people of India.
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