Dear CJI, we do not need an unanswerable Supreme Court

Read A Judiciary gone Amok

Read CJI Should Introspect; Justice Isn’t Only About Appointing More Judges Faster

Read JUDGING THE JUDGES

Read Cracks In The SC Collegium— A Lone Voice For Reform?

Not a day passes without any Court showing its pervasive power. Judges are now invading into every aspect of Legislature – giving judgments on even silly matters like height of Dahi Handi festival.

The same judges have appropriated endless powers on to them. They have big houses, big cars and a small look at their travel expenses for the Government will raise many eyebrows.

Worthless Courts of India

Worthless Courts of India

The Judges have also totally ignored the mess that Judiciary is for the common man. Getting a fair and most important, an early trial, is only a dream under the rule of current Judiciary. There is humongous corruption and the process of appointment of judges has become a Family affair – with Judges creating dynasties in Judiciary.

Supreme Court (SC) had made full use of its overwhelming illegal power to make it easy for Judges, no matter what the consequence for the common man – as a result, there is no timeline for judgments to be delivered or various steps in any case to be closed fast.

If it was Congress, it was fine for the public because SC was bringing out the tremendous corruption of Congress – 2G scam, Coal scam and so on. But as a matter of principle, Judiciary is over-reaching itself. Consider this – Judges are sitting on judgments on their own powers and cases affecting them! “Conflict of interest” – wonder if they heard this.

When world over, Judiciary reports to the Government, why should it be any different in India? When the whole Parliament, representatives of people, directly elected by them (and not selected by a Family bunch as currently with Judges appointments), passed NJAC Bill unanimously, where only one representative from Government was to sit amongst three to decide selection of judges, who gave the power to Judiciary to strike down the Law?

How can we have a Judiciary which is totally free and hence dictatorial? Isn’t it a sure recipe for corruption and abuse of power?

I challenge any reader to tell me that they find everything right in the Judiciary? Look at the culture of lawlessness prevailing all around. We have parties to contracts making full use of a rotten Judicial system to delay and cheat.

Point is – Is India happy with a Judiciary which doesn’t want solutions?

Author: Tushar Kansal

Tushar has been associated with the Project Assessment, Fund-raising & Financial Advisory realm in India for 2 decades. He has straddled multiple roles in Financial Advisory in Deloitte Touche Tohmatsu, PE Deal-maker in Times of India’s Brand Capital, in Corporate Finance roles in Aircel, as an Entrepreneur in Education field and as a CFO (Chief Financial Officer) till 2014. Prior to that, he was the Head of Debt for MTS India, where he was instrumental in raising $2.5 billion structured debt. Tushar has been involved in $6 Billion of transactions in Debt/ PE/ M&A across all asset classes. He has major experience in Education domain – From 2001 to 2006, Tushar led his Education entrepreneurship venture which provided Entrance examination training for Engineering colleges in India. The venture grew to 800 students and then was bought out by a marquee pan-India player in this space, as a strategic sale. Tushar is a panel member at CNN-News18. He is also a Columnist @ Business World, Indian Defence News, Business & Economy, Indian Economist, Digital Market Asia, OpIndia & Growing India.

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