How the judiciary ,the world over, could be delinked from politics ?

Question

Today, the best solutions to Humanity and public welfare are brought out by democratic debates through Political institutions through out the world. But the implementation of such solutions are hindered by vested interests through the judicial-system of the land, which has defeated the roots of democracy or thebasics of Human-welfare.

Answer 1

I think that is an interesting point of view. The problem, however, with democracy is that it can give way to the tyranny of the majority. If the majority acts purely in their own self-interest and not towards the common good there will not be just government. Democracy is important, but there needs to be some means of balancing the power of the majority. The way that many countries have found of doing this is by enshrining certain rights in the constitution that belong to all people regardless of whether they belong in the majority. The judiciary is needed to interpret and enforce these rights. It should not be linked to politics for this very reason; political debate without universal rights to balance its role has the potential to act as a tyranny towards people who do not belong in the majority.

Answer 2

Judiciary is the purest form of Politics surviving today. There is no need to do away with the judiciary. A few corrupt or inefficient elements at the lower rungs of judiciary do appear occasionally. But on the whole , the Service is far better than that of the other organised services, which are under political influence. An Independent Judicial Services Board and an organised cadre of judicial officers can go a long way to further strengthen the system. Within the judiciary there has to be a transparent system for listening to public complaints of favouritism, corruption, delays and inefficiencies

Answer 3

I think that is an interesting point of view. The problem, however, with democracy is that it can give way to the tyranny of the majority. If the majority acts purely in their own self-interest and not towards the common good there will not be just government. Democracy is important, but there needs to be some means of balancing the power of the majority. The way that many countries have found of doing this is by enshrining certain rights in the constitution that belong to all people regardless of whether they belong in the majority. The judiciary is needed to interpret and enforce these rights. It should not be linked to politics for this very reason; political debate without universal rights to balance its role has the potential to act as a tyranny towards people who do not belong in the majority.

Answer 4

At least in India, the Judiciary is sufficiently independent, which is evident now and then by landmark judgments whereby the Supreme Court and the High Courts are curbing rampant corruption and misuse of political powers. The problem lies elsewhere - the Legislature & the Executive are not yet separated, give rise to many a malady in socio-political life of India.
An independent allocation of funds to run the judicial mechanism and a system of appointment of judges by the judicial fraternity itself, de hors the executive, seems an answer to an independent judiciary.

Answer 5

The first and foremost step wich should be taken by the government is to remove poverty which is the root cause of all evil.
Moreover justice should be meted out within a span of 6 months to an year, not keep the case pending for years together ( I am aware in civil cases it may take 30 years and by that time the person who has filed the case is either dead or unable to attned court.
Also the judiciary system should in no way be connected to the government bodies and also not responsible for the promotion aspects. A separate common citizen body involving people from all strata of society should be responsible for the appointments.

Answer 6

An independent body of people with highest integrity and intellect without any political strings, should be formed. This 'body' alone should be empowered to appoint all the judges in our courts and also to monitor the functioning of judiciary. Politicians should not be allowed at all to interfere in the working of this 'body'. This body should be totally independent. Parliament should not have any power to over rule the judgements of the Supreme Court or even to reduce or modify the punishments awarded by the judicial system.

Rajkumar Gupta
Mumbai

Answer 7

No institution of human society could be delinked from each other,however we must do something to deter the entry of unsocial elements in the institutions, specially in politics because the political institutions are the mightiest body to introduce and implement policies.

Answer 8

Dear Sir

The highest judicial posts in any democracy should be by selection by a panel of well known honest persons, and should not be done by any political party in power

Answer 9

The judicial appointments must be made not by the government but by a body of proven and trusted lumineries of the legal fraternity.

Answer 10

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