LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shikha Chaudhary (Advocate)     06 May 2010

Is judiciary more reliable than legislature or executive?

Dear Friends,

For democracy, there are three pillars, (1) Parliament (2) Executive and (3) Judiciary. Out of three, in which pillar people still repose faith i.e. approach readily for redressal of their problems. This is especially in view of the present day scenario or allegations that judiciary is corrupt.
 

Thanks & Regards

Shikha Chaudhary



Learning

 26 Replies

Arvind Singh Chauhan (advocate)     06 May 2010

I think People repose faith on judiciary than on other but, This faith is same as people repose on god, but suspecious about it's existence.
 


(Guest)

"Reliabile" word itself is a cause of "Unreliability".  Its a period of more than 60 years lapsed for our democracy but people doesn't know the actual form of "Democracy".  It is not that the democracy is implemented on 26 January 1950.  It was only a date of its adoption and not implementation.  The implementation of democracy is depends upon continuous & consequent redresal & trial of Legislative, Executive and Judiciary which unfortunately not come in practice of the citizens because everyone wants everything without taking efforts at their own.  Everyone thinks that someone else should do something except himself.  Those who do not take efforts at their own they don't have rights to comment on reliability of anyone. 

Bhartiya No. 1 (Nationalist)     06 May 2010

Off course Judiciary is somewhat reliable, but who will execute the order of Judiciary? Is Judiciary Supreme? Do a poor ordinary citizens have access to Judiciary.

Helplessness of Judciary reflects from this observation of Hon'ble SC

SC-Even God will not be able to save this country:

"Even God will not be able to save this country," a fuming Supreme Court recently said while slamming the government for its refusal to amend the law for launching criminal prosecution against those who illegally occupy official houses.

We are fed up with this government," the apex court said, adding "They don't have the guts to differ with the opinion of the clerks."

"Even God will not be able to save this country. In India even if God comes down he cannot change our country. Our country's character has gone. We are helpless," a bench of Justices B N Aggrawal and G S Singhvi observed.

Ordinary desperate citizens wants only relief
.

 

It is shame on Executive who have become or been reduced to servants of Politicians.


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE  1.PARLIAMENT 2.EXECUTIVE AND 3.JUDICIARY KINDLY NOTE THAT.

1.PARLIAMENT IS RESPONSIBLE FOR  PASSING THE LAW  WITH REFERENCE TO THE PROVISIONS OF CONSTITUTION OF INDIA AND FOR SMOOTH WORKING OF DEMOCRACY IN INDIA.

2.EXECUTIVE ARE THE LAW EXECUTION AUTHORITIES AND INCLUDE GOVT.DEPARTMENTS AND OFFICERS WHO ARE EXECUTING THE LAW AND ORDER  WITH REFERENCE TO THE AUTHORITY GIVEN TO THEM BY THE RESPECTIVE LAW PROVISIONS.  POLICE DEPT CAN BE MENTIONED AS PART OF EXECUTIVE OFFICERS AMONG ALL OTHER DEPTS.

3.JUDICIARY. TAKES CARE OF LAW PROVISIONS AND PROTECTION OF FUNDAMENTAL RIGHTS OF ORDINARY CITIZENS OF INDIA WITH REFERENCE TO ARTICLES OF CONSTITUTION OF INDIA.

SUPREME COURT OF INDIA IS THE HIGHEST COURT AND ALL HIGH COURTS ARE SUBORDINATE TO THE SUPREME COURT AND IN THE STATE HIGH COURT IS HAVING JURISDICTION OVER ALL LOWER COURTS INCLUDING DISTRICT COURTS AND ALL LOWER COURTS.

KINDLY NOTE THAT ALL THE THREE  INCLUDING PARLIAMENT, EXECUTIVE AND JUDICIARY ARE THREE PILLARS OF INDIAN DEMOCRACY AND ALL HAVE A SEPERATE AND IMPORTANT ROLE TO PLAY.ALL ARE JUST LIKE MEMBERS OF SAME FAMILY AND HAVE EQUAL IMPORTANCE.ALL ARE DEPENDENT OF THE OTHER .

KINDLY NOTE THAT INDIA IS A LARGEST DEMOCRATIC COUNTRY AND ALL THESE THREE PILLARS HAVE  A VERY WIDE RESPONSIBILITY.OF COURSE THE WORK IS DONE THROUGH OFFICERS AND STAFF OF EACH OF THESE THREE.AND ALL PERSONS ARE NOT OF SAME TYPE AND HENCE THOUGH THERE ARE SOME PERSONS WHO ARE NOT DOING THEIR WORK PROPERLY ,STILL IN A LARGE DEMOCRACTIC COUNTRY LIKE INDIA,IT IS A PART OF THE ENTIRE SHOW.AND HENCE IF ANY ONE HAS ANY GREVIENCE THEY CAN MOVE THE COURTS FOR THE LEGAL REMEDY AND THEY CAN GET THE SOLUTION FOR THEIR PROBLEM.

LAWS ARE PASSED BY THE PARLIAMENT , WHO ARE  REPRESENTATIVES OF PEOPLE IN INDIA.EXECUTIVE TAKES CARE OF SMOOTH IMPLEMENTATION OF THE SAID LAWS.AND JUDICIARY TAKES CARE OF ANY GREVIENCE OF THE PEOPLE OF INDIA AND THERE IS A LEGAL REMEDY WITH THE HELP OF COURTS AND JUDICIARY.ALL THE THREE PILLARS OF DEMOCRACY ARE DEPENDING ON EACH OTHER AND HENCE ALL HAVE EQUAL IMPORTANCE IN THE INDIAN DEMOCRACY.

THIS IS A VERY VAST TOPIC AND A DETAILED AND THROUGH ARTICLES CAN BE WRITTEN ON THIS TOPIC.GOOD LUCK.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Arup (UNEMPLOYED)     18 May 2010

sorry to say that, not these three - but the fourth piller ie media (electronic and paper combindly), getting faith of the people.

1 Like

Arup (UNEMPLOYED)     18 May 2010

if vote taken on above issue, media will come first.

Arup (UNEMPLOYED)     18 May 2010

previously corruption among the judiciary was unknown to the people. but today it is a common one.


(Guest)

Dear Mr. Arup !!

 

You really made me laughing.. since when you made this posting I am only laughing... I could not post this since whenever come here I could not stop laugh and so posting it so late.

 

See ! Happened what !! It is true that the media is being called as a fourth unwritten pillar of Democracy.  But since the Media is a completely private sector so all the frustrated people who did not get job in Government sector are becoming journalists.  Unfortunately there is no qualification required to become a journalist and hence all the types of people entered in Media and so the MEDIA is become the most unreliable and easily managed sector.

 

The actual part "ONLY" of media is of a MEDIATOR but the so called Mediators manipulates the news according to their mind & interest and serving the "MIX-NONVEGETABLE" dishes in the pack of "PURE BUTTER".. that's why I'm laughing on you........ since no use to laugh on these so called MEDIATORS because they are only earning for their stomach.

Bhartiya No. 1 (Nationalist)     20 May 2010

Exactly sir, most of the media persons can be easily managed.

Arup (UNEMPLOYED)     20 May 2010

Dear Mr. Ram Samudre JI

After reading your this posting, first I congratulate myself because, I am able to be a cause to laugh you. Your’s, this posting speaks the half truth only.

1) "The Media is a completely private sector"  - wrong. DD is public, some other public or Govt. sector active in the field of media.

2) "So all the frustrated people who did not get job in Government sector are becoming journalists" - half truth. Many intelligent and capable persons are there in media. When they analysed a matter - it shakes our intelligence and mind. Those who has not got a good job is victim of the society. Now prominent media company paying good salary. It is a glamouras job also. Like everywhere, media has also some black sheeps in their group, but they do not represent the whole.

3) “There is no qualification required to become a journalist” – wrong. Journalism has a graduate and post graduate course, organized by the prominent universities. Some journalists has foreign qualification also.

4) As all types of people can come, therefore it is a bellow graded job – not a good logic. Then what will you tell about Indian democracy? All eligible voters are allowed to vote irrespective to their educational background, social status etc.

5) “MEDIA is become the most unreliable and easily managed sector” - wrong idea. Some of them may be manageable but not all.

6) “So called Mediators manipulates the news according to their mind & interest and serving the "MIX-NONVEGETABLE" dishes in the pack of "PURE BUTTER"” – a few cases are there, but many of the cases narrates the truth.

7) Media works under high pressure of competition. This gives us genuine information. Not only genuine information, many a times I observed, they give the society justice, Where the above three pillars failed to provide it.

8) The first three pillars made by the People of India to provide justice to the people of India. It is about to fail, about to collapse. But the Media made mainly by the private enterprenures. People of India officially not made it, but it working more efficiently than the above three.


(Guest)

I ever welcome you Dear Mr. Arup Kumar Gupta as I ever welcome an open and positive debate...

 

And i wish that what you said if it is TRUE...

 

Dear Brother ! ARDH-SATYA is more dangerous since it is a mixture of POISON AND SWEE in such a form where we have no parameter for measurement TO PROVE that WHAT IS WHAT ???

 

All the three sections, LEGISLATURE, EXECUTIVE AND JUDICIARY, have their written conduct and those who do any misconduct they can be charge-sheeted and trialed...

 

I do not know such system for media.  Will you please give it to my knowledge, if so, I will be thankful to you.

 

Thanks and best regards,


(Guest)

Respected Ms. Shikha Chaudhary,

 

You have asked something from all of us the people and those who took interest to give their opinion also almost appeared..

 

Now it is time for you to say something as what you had in mind while posting this task here and what you got ???

 

Everyone who physically participated and who are watching silently are waithing for your words.........

Arup (UNEMPLOYED)     27 May 2010

‘LEGISLATURE’, ‘EXECUTIVE’ AND ‘JUDICIARY’, have a written code of conduct, which is popularly and officially known as ‘The Constitution’.

On the contrary ‘media’ has no such constitutional guidelines. Of course they guided by some ethics and huge pressure of competition.

Of course there is a tremendous pressure of competition among the political parties – to capture the legislature, better to say legislative body of the parliament. ‘EXECUTIVE’ AND ‘JUDICIARY’ controlled by the legislative body as per the constitution. Thus the people of India ruled and controlled the ‘EXECUTIVE’ AND ‘JUDICIARY’ through their elected representatives. Actually it is known to all. Still then we failed to establish a corruption less, free, fair, and reasonable ‘EXECUTIVE’ & ‘JUDICIARY’. Of course, the role of Parliament is under question on this particular point of question. 

But the thing, which makes the ‘media’ unique, - is without any constitutional efforts, or negligible govt. finance, only by virtue of private efforts (a little bit govt. efforts also) & by healthy competition, media established themselves - as a fourth pillar of the democracy. 

It is not appropriate, to shut the eyes from the reality.

Arup (UNEMPLOYED)     27 May 2010

Here I would like to mention, a point that – we should not compare ‘LEGISLATURE’, with ‘EXECUTIVE’ AND ‘JUDICIARY’ because ‘LEGISLATURE’ has the constitutional responsibility to extract the ‘work done in favor of the people of India’. The relationship is like a master & servant. Failure of ‘EXECUTIVE’ AND ‘JUDICIARY’ is the failure of ‘LEGISLATURE’. Yes, we can compare ‘EXECUTIVE’ AND ‘JUDICIARY’. Thanks.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register