Nazaria – 37 Article Posted on : 2014-05-07
Law statues of the Erstwhile British Raj need reconstruction with Indian Spirit.
Natural urgency for reconstructions of the borrowed East India Company 1863-72 Law statues, being 1950 model Constitution. Times for Term postings of Eminent Public Authorities desiring Justice Management Accountability REVIEWS on past Lordship tenures for MYSTIC silence on Massacre for Minorities?
A ) The IDEA to bring out feelings on recent retirement for Hon’ble C.J. ,imagining wishful provision for minimum tenures came to mind for public script, but Lord Justice P. Sathasivam, the outgoing C.J.I. himself brought this thought process in public domain, triggering fresh introspective reviews. The picture emerged simply confirmed that Governance system & public has telepathy for needs of the times. The Establishment adhocism otherwise failed to position on proactive correction modules of creativity, immediately relevant to ultimate public interests. The career growth is allowed to take precedence in the absence of TARGET bench marks of PUBLIC WELFARE. Therefore, the individual Missions being a different instrument than projected one for SERVICE TO HUMANITY comes in conflict with INDIVIDUAL CAREER ACTUALIZATION. A certain top positions for the state or country wishfully may have to be shaped away by freezing individualistic career realizations by allowing superiority precedence to national welfare objectives. India may then honesty qualifies for certain comparisons with most developed COUNTRY identities of the world, like U.S.A. , U.K. or Canada.
B ) Most occupants for public authorities when demits respective office, generally air out unfulfilled desires, referring time constrains, law deficiencies or limited cooperation in hierarchy to be some of the reasons for incomplete picture results for assignments. The retiring Lordship expressed wish that, had there been assured time, he may have unfolded more reformist visions in public interest. A regional news paper of Chandigarh through an article brought out comparative past tenures for C.J.I.’s, who served from a few months to a year. The comparative report printed for U.S.A. conveyed that less than 41 C.J.I. served in a period of 238 years against similar Indian number for 64 years. But the real picture has astonishing history that U.S.A. provided only 17 C.J.s during past history and only FOUR between 1946 to 2014, U.K. had TEN Lord C.J.’s since 1946 to date, where as India since 1950 gave privilege to 40 C.J.’s & between 1985 to date, the opportunities to 22 jurists being C.J.’s for Supreme Court of India, thereby facilitating substantive individualistic career actualization. Unfortunately, none of the former immediate about two dozen Lordships drew attention for accountability for 1984 MASSACRES, although many of them took notice for certain singular trivial but heinous rapes, murderers, and corruption criminality seeking conclusive day to day trial for episodes of New India. Punjab, incidentally wonders that, had there been fixed tenure for Lordship C.J.I.’s, will that have cultivated sagacity, to seek introspective reviews for JUSTICE DISPENSATIONS by pro active identical ACTIONS, ordering day to day court proceedings for MASS MURDERS OF HUMANITY ; 1980 in Moradabad, Assam in 1983,Delhi & other Indian states in 1984, Bhagalpur in 1989, Gujarat burning in 1999 & 2002!
C ) The news paper could not bring, OUT OF BOX alternatives, based on 64 years actual Indian practices, despite well known sky to earth level economic disparities within India. One of the Ideas listed above could have been that certain public positions be given status for being NATIONAL UTILITY AXLES & service charters for occupants made different than normal functioning, based not exclusively on seniority cum merit fundamentals but by providing certain tenures to identified top public authorities. The U.S.A. otherwise is known to value equality, liberty, democratic cultures, neither ignore career growth for individuals and continue to be successful for positioning consistency in Justice Systems. Public is deprived of common knowledge that U.S.A. provide for ‘COURT OF LAW’, U.K. are ‘COURT OF JUSTICE’ but British engineered in between position for colonial India, facilitating options for case precedent ‘RECORDS’ for release of PANDEYS’ & convictions for Punjab in common hijacking incidence for India. We, being new & ethnically continue divided country are over conscious, drumming equal opportunities to all in line in every field, seeking ceremonial positions for respective personnel calling safeguard for state cultures, but ignore by default, rebuilding healthier Governance institutions. The nations like U.S.A. have consciously built certain office positions, targeting dedicated services for human welfare, including JUSTICE MECHANISM in the best interests of their citizens.
D ) British constituted first Law Commission in 1834 & three more were established in pre independence era. First Indian L.C. was established in 1955 followed by 19 others, now 20th L.C. is in place has been authorized to review/repeal obsolete law, examine the existing laws, Revise Central acts of general importance etc. The Indian L.C. by today has submitted 242 reports to the Government. Anyway, there is one common phrase that we need to first practice before we preach by suggestive or directive nature sermons to others. The superior judiciary at number of times asked for fixed minimum tenures of certain sensitive public authorities but kept silence for similar inward remedial initiatives. The bench is aware that politics for most of the states and central Governments found out ways & means to obstruct their Missions. Unfortunately GODLY LORDS, the operators for judicial systems, for time constrains, selectively took up corrective reformist movement but generally short of Missionary zeal but remembered individualistic goal instincts. The Indian executive system through electoral system allows majority leader voted to qualify for being P.M. or C.M., who in turn get absolute privilege to appoint even ineligible as Education or Science & Technologies or any other Minister without formal knowledge, but all gets portrayed to have been done in the interest of the Public democracy but has never been challenged by superior Executive or Judicial managements for corrections in interest of the country. They prefers keeping Democracy magical box closed to reformist angles, and may do so till next revolution shape up for genuine freedom and emergence for legitimate Governance modules.
E ) Hon’ble Lordship Justice Lodha, the new C.J. for five months has incidentally endorsed continuity for present practice for elevations than to provision for fixed tenure for the C.J.I.’s. He personally believes that fix tenure would deny others equally qualified judges on the Bench, an opportunity to fulfill their aspirations. It in verdantly conveys preference for the individualistic career orientations than to shift for making it a Missionary Chapter at respective senior ages of life. All the Hon’ble co brother judges despite being equal, everyone do not make it for number one slot, then ‘feel bad’ for unfulfilled aspirations appears adjustable. Mostly who reach on top are undoubtedly the brightest valuable minds of the society. The in between message of C.J.I. displayed significant spirit for tilt to the personal career actualization. Ultimately, the Parliament may have to lay path for innovations by experimenting creativity, like additional C.J.I. slots on the lines of other Government authorities. One of the three or four talents grouped in this category may be utilized for new statues rebuilding by holding regular court for reconstructions of Common Law system – a system of Law on recorded judicial procedures which was brought to India with British EAST India Company.
F ) The Indian Penal code also drafted by the British Commission, enacted & brought in practice with host of other statues, like code of Evidence Act 1872, Contract Act 1872, Code of Criminal procedures etc. Now all these desire to be reconstructed to reality Indian frames. Subsequent to the fulfillment of such productive assignments, one of them in designate for Additional C.J.I. may have privilege to chair Legal Governance Administration for a term postings. The Legal platform based on England judicial system 1872 statues, primarily was developed for Indian colonial subjects. Hence it has journeyed through a variety of encounters for British ruling replaced with Local Governance, over mix behavior cultures, state to state ethnicity, regulating numerous languages with conflicting traditions for variety of races. The end result is that adoptions in 1950, for foreign based judicial foundation 1872, courtesy politically legal luminaries like Pnd J.L.Nehru, Sh M.D.K.C.Gandhi, Pndt Rajindera Prashad , Sh Patel has not proved to be best JUDICIOUS SOLUTION for mix cultural of Indian Diaspora.
G ) The recent emotive expressions of Bench consortium brought out by MEDIA, inadvertently conveys message that the LORDSHIPS may continue to function within frame work designed by British colored Indian Parliament, securing individual growth for many a high positions. The ball for major surgeries may continue shuttling between COURT of (alleged dishonest) POLITICS of the day, Hon’ble courts & Public aspirations. The fear clouds may get thicker, longer the period of deferments for reforms, leading to vacuum filling by distrust, laying path to anarchist time’s managements. We must admit and remember that the people for most developed nations like U.S.A. are groomed in different environment than mix cultural & population of economical inequality for United States of India. The Indian Law statues therefore may have to be remodeled to the realities of physical, economical, ethical conditions for the country. Many a professions like for doctors are desired to swear for service to humanity and so is the swearing for Army soldiers in defense of the country, serving at personal life risk, being their professional hazard or holistic Mission. The public under the circumstances desires that jurists joining Indian JUSTICE MANAGEMENT SYSTEMS may volunteer traveling an extra mile than to the professional ethics inculcated for doctors or soldiery, burying special instinct for job title growth.
H ) Most of the LORDSHIP, having enjoyed every earthly materialistic privilege during the life journey by the time reaching to Supreme Court positions, may wishfully conduct JUSTICE IN SAINTHOOD, for being close to the final phase of human age. The objective to be number one or to be co brother bench may not be taken as final qualifying bench mark for earthly goal actualization. The GOD given opportunities to ANCHOR HISTORICAL JUDICIAL COMPLEXITIES through VALUED JUDGEMENT could be taken itself a holistic destined Mission of life. Every co brother Judge hold enough intellect to facilitate in built mechanism for none repetition for INJURIES ON THE BODY OF JUDICIAL MECHANISM. The immediate past Indian history tenures for top Lordships unfortunately been in virtual silence mode, when Politics for the land Engulfed valuable humanity and brought SHAME-FULL SCARS ON the country between 1984 to 2014. The POLITICS of criminality resulted in day light organized MASSACRES for members of the minorities for SIKH-CHRISTIANITY-MUSLIMS in very large numbers.