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JAC: The Real Need of India?
Ten out of hundred judges are corrupt. One out of nine members of the bench is biased and being pessimistic we would like to talk about those ten corrupt judges who are corrupt or that one member who is biased instead of talking about those ninety judges who are honest or about those eight members who are not biased. Nowadays in India a so-called judicial appointment commission (JAC) has been established and most of the people of our nation support this change in the manner of appointment of judges, few days back thousands and thousands of articles in the newspapers and magazines were literally shouting and screaming to change the system of collogium. With a handful of cases being reported against the conduct of judges the concept of collogium has finally been approved this JAC is a panel of 6 upstanding people. This particular commission tends to establish an equilibrium between the role of judiciary and the role of executive in the matters of appointment of judges but we forget that the bedrock of our democracy is the rulr of law that means we have to have an independent judiciary, judges who can make their decisions independent of the political winds that are blowing. It is really sad when me talk about JAC and the way it has been approved i am totally in opposition of the launche JAC for a simple reason that this is nothing more than an attempt to compromise the independence of the judiciary. Pt Jawaharlal Nehru , Dr Rajendra Prasad , Dr Bhem Rao Ambedkar and many many of such names the names which require no introduction framed the constitution of our country , our India and thereby also insured that the judiciary of our country is toally free from any kind of external interference. In India we have a Quosi fedral set up of government that means that powers are divided between the centre and the state so it is really necessary to have an independent judiciary for an instance if there is a conflict between the centre and the state and if the JAC exists then don`t you people think that the judiciary will be biased and towards whom i really don`t need to tell. Friends its about our incredible India and not about some chemical equations that we are about to balance by a hit and trial method. The JAC which is approved now in our country will end up makin a sandwich out of a system. I am not criticising the approved JAC and i agree that there are some flaws in the current system of appointment of judges but i feel that the collogium system could it self be improved than introducing a totally new system. When i think about what will happen if the JAC lasts for many years ahead three things come to my mind. First thing is whole power will come under the umbrella of the government someone rightly said “Power corrupts and absolute power tends to corrupt absolutely”. Secondly i feel that the papers will travel at a snail`s pace and thirdly and most importantly i believe that the judiciary will become MORE corrupt. Now talking about the transparency which JAC has approved well i am totally against the televising of the judiciary procedures because it is more like working in a glass house and it is tantamount to a contempt for the learned and reputed judiciary. Just because few people think that transparency is required we are not ready to make the appointment of judges in chandni chowk . The JAC is totally irrelevant , wholly unconstitutional and can lead to dictatorship.
The JAC should be abolished as soon as possible.
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