Police arrested Udit Raj along with hundreds of activists during the Supreme Court roundup
Police did not allow our 30,000 supporters to come to Ramleela Maidan: Udit Raj
New Delhi, 3rd December, 2018, Dr. Ambedkar aptly said that “To allow the Chief Justice practically a veto upon the appointment of judges is really to transfer the authority to the Chief Justice for which we are not prepared to vest in the president or the government of the day”. The apprehension of the father of the constitution proved to be true-the way Supreme Court and High Courts are acting. Since 1993, the Supreme Court by its own judgement has transgressed its defined power and begun appointing the judges. In the Constitution, the role assigned to judiciary is to interpret the law but over the course of time, it usurped the power of the executive and legislature, ranging from making laws, appointing the judges, acting as investigation wing in many matters and giving directions to the administration. Currently, the Supreme Court through the Monitoring Committee is conducting a drive to seal properties in Delhi. The Court has assumed the power of the executive to stop illegal construction and units that are sources of pollution and this is certainly not the jurisdiction of Judiciary. Even if the executive failed in this respect then also it is not justifiable for the judiciary to exceed its jurisdiction. The transgression of its boundary and often overloading itself with unnecessary responsibilities have made judiciary worsen by increasing the backlog and delay in justice. It won’t be an exaggeration to say that the Supreme Court is acting like the Govt and the Monitoring Committee is one of its Deptt. The officials engaged in the sealing are extorting money. When Delhi BJP Head and Member of Parliament, Mr. Manoj Tiwari dared to break the seal, he was summoned by SC for Contempt of Court. During the hearing, it was found that sealing was not as per law. Instead of punishing erring officials, the judges closed the matter by reprimanding Mr Tiwari.
Nowhere in the world, Judges appoint Judges, except in India. The worst is happening where there are no defined parameters of merit to select the judges and appointments are made through nepotism, on caste basis and teacher-disciple relation. When a Chief Justice of any High Court recommends the name of any advocate for his selection as judge, what are the criteria? Nothing! The said advocate doesn’t appear for any exam or interview nor do we evaluate the quality of his cases. In other words, it can be safely concluded that there is no merit but that the judges are deciding merits of all. The All India Confederation Of SC/ST Organisation (Parisangh) and Dalits, OBCs and Minorities (DOM) have urged the GoI and the Parliament to restore the original position of the Constitution on appointment of judges. This has not only made the Justice unreachable to the ordinary man but also has put complete embargo on SCs, STs, OBCs and minorities to become the judges. Even merit basis selection would have included SC,ST and OBC but in this nepotism and teacher-disciple nexus, there is no remote possibility. Over the period, some SC, ST and OBC are competing against general category candidates and sometimes supersede in services such as IAS/IIT. To ensure justice to SC,ST & OBC and minorities and diversity it is essential to provide reservation to these communities.
A common man, cannot afford to knock the doors of high courts and supreme court to seek justice as remuneration of effective and senior advocates runs into lacs and crores. There is no dearth of lawyers but only a few get favour to be heard and resultantly it has created advocates of face values. The PIL has caused more harm than good. Elite and favoured lawyers join hands with a few private citizens to file PIL and get the law made for whole society without their opinion which is undemocratic. How can a few petitioners, lawyers &judges know the opinion of millions and billions of people? What 545 Members of Lok Sabha cannot do, judges do in minutes. In 2014, the Parliament amended the Constitution and created a National Judicial Appointments Commission(NJAC) for selection of judges which was ratified by 21 states but it was killed by the judiciary before it could take birth. To strike the balance between the organs of the Govt- the legislature, executive & judiciary either NJAC be restored or the All I