2007-08-21 05:16:22 · 9 answers · asked by Anonymous in Politics & Government ➔ Government
No, that's the only way out to deal with corrupt politicians & bureaucrats in India. If it was not Judiciary we Indian would be completely finished by these corrupt people in the name of democracy.
2007-08-21 05:27:48 · answer #1 · answered by vijay m Indian Lawyer 7 · 4⤊ 0⤋
Executive, legislature and Judiciary are the three strong pillars of a democratic set up. If any of the branches fail to discharge their duties, the other branches are likely to assume the role of the other branch as it is happening in India today. Judicial activism is a direct consequence of the failure of our legislature to frame laws. The Lok sabha is always engaged in petty squabblings and mud slinging matches, the opposition has become a refuge of the ruffians who would not allow the legislature to discuss important bills and issues. Under such unfortunate circumstances judiciary has become hyper active and has started encroaching upon the law framing function of the legislature. Added to this depressing state of affairs is the criminalization of politics and rampant corruption in the corridors of power, that has rendered legislature as totally ineffective. In all this, the common man suffers endlessly due to a total failure of the political leadership of this country. It is important to maintain checks and balances among the powers of the three branches of governance otherwise judicial activism might prove to be a threat to democracy
2007-08-22 04:47:26 · answer #2 · answered by crewsaid 5 · 0⤊ 0⤋
The four pillars of democrcy in India are conviniently weakened by the congress from Indira Gandhi time onwords.The court judgements were neglected party media started propaganda machinary,administration and police are corrupted Judiciary is neglected or corrupted.Caste based and religious based judges are appointed.So what is left of democracy is slogans and a family rule.
Somanath chatterjee thinks he is above law and whatever is told in parliament no one can question.This is exactly what Hitler said and wound up all democratic institutions one by one.The constitution is amended I think 47 times or more.It is now as good as torn.
Now only people's activism can save the country.
2007-08-24 16:21:05 · answer #3 · answered by murthyssr9 4 · 0⤊ 0⤋
The Supreme Court judges should not serve more than two terms or 8 years. It's time for an overhaul. The biggest oops decided by them in violation of the US Constitutions was Imminent Domain by Judge Souter! They should interpret the law.
2007-08-21 13:59:06 · answer #4 · answered by ShadowCat 6 · 0⤊ 0⤋
Federal judges should interpret law without regard to their personal agenda and the "activist" judges cloud their legal opinions with their personal agenda. Term limits would get rid of these people that are put in place "for life". Every federal judge should have one term of 6 to 8 years and then be replaced. They are not Gods.
2007-08-21 12:50:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Judicial activism alone can contain political excesses.
2007-08-23 05:02:49 · answer #6 · answered by karikalan 7 · 0⤊ 0⤋
Here is a link that should provide some good material on the topic.
2007-08-21 12:28:23 · answer #7 · answered by the_defiant_kulak 5 · 1⤊ 0⤋
we are witnessing racial ( read casteist for india )activism in the APEX Court to denounce rule of majority ( i.e Democracy ).
2007-08-23 13:01:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
no - it is conscious part in democratize system
otherwise - india with in short time it changed like
Pakistan
2007-08-22 00:51:48 · answer #9 · answered by younmanofthegarden 5 · 0⤊ 0⤋