The Supreme Court's judgement repealing the 99th constitutional ammendment and restoring the Collegiate system to power is a laudable one considering the fact that India is a country not free of corruprion and that the presence of "two laymen", as Justice Khehar observed , would by all.odds, put at stake the accountability of the Judiciary in our country. As the Constitutional Bench observed this can foster a culture of "reciprocity" of favour and in due course adversely affect the reliability of the system. The Indian judiciary system is the last resort of the common man of the country in availing justice. We live in a century when people are rapidly losing their faith in the polititians, among whom a sizeable number is soaked in corruption. Today people cant place full faith in any law keeping bodies other than the judiciary since in all of them we have seen elements which favour those who hold the power and dance according to their whims and fancies. The senior lawyer K.T.S. Thulsi said that " in a democracy we must recognize the wisdom.of the people and their representatives." Well my question is that how can we rely on the wisdom of the people who keeps feeling that their selection has been wrong every five years and sometime re-elects those mistakes and when that elected person is proved corrupt, laments their choice? First of all people dont make choices in elections because of their first hand experiences with these candidates. It is often the effects of the election campaigns that make them end up voting for a particular candidate. In a situations where these representatives of the people are regularly being accused of scams and scandals how can one place their faith in a judiciary system which itself controlled by two laymen and through them the political parties of which they form a part. In this sense I, as one among the citizens of India, welcome the Supreme Court verdict scraping the NJAC.
However, in this case , comes the question of democracy and the people's right to have a transparency on the system that governs them. A probable solution that came to me was to keep clear record on the grounds on which the appointments are being made. When a judge is appointed it can be justified by putting it clear in black and white the qualities that gives him the prevelige when pitted against the other contendors for the position. These information can also be made available to the public under the Right to Information Act. Improving the transparency of the collegiate system is the only possible answer to the allegations leveled against the system by the advocates of NJAC.
However, in this case , comes the question of democracy and the people's right to have a transparency on the system that governs them. A probable solution that came to me was to keep clear record on the grounds on which the appointments are being made. When a judge is appointed it can be justified by putting it clear in black and white the qualities that gives him the prevelige when pitted against the other contendors for the position. These information can also be made available to the public under the Right to Information Act. Improving the transparency of the collegiate system is the only possible answer to the allegations leveled against the system by the advocates of NJAC.
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