Tuesday, 13 May 2014

Need for utter esteem to the judiciary



The judiciary is among one of the most elementary provisions upon which every democratic state is grounded, essentially this is, I believe the sure litmus test for true democracy. When judicial system fails then democracy is no more a guarantee as other external forces that are never inclined to democracy then comes in play and in such an occasion autocracy sets in. Then, disregard to the supreme court rulings, ignoring of a writ or even any plaintiff attempt to seek any other injunctions  outside judicial system after a decision from a supreme court is both an insult to legal system and an indirect way of saying, ‘ I would rather settle for totalitarianism instead of democracy’.
Chapter ten 160(1) clearly puts it, “ In the exercise of judicial authority, the Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority” (note beautifully, not subject to the control or direction of any person or authority). However, today we seem to be having individuals and authorities who seem to be treating the constitution and judicial rules as individual principles which one can breach at will and anytime by for example ignoring court interjections, trying to challenge supreme court ruling in some very unconstitutional manner- that can be succinctly compared to trying to control the judicial system, among other ferocious moves.

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