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Judiciary obliged to stand with citizens on Fundamental Rights: CJI

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A very good statement from the Chief Justice!! Judiciary can play a proactive role in protecting the rights of its citizens! If Judiciary is strong no one can come in its way!! For that the Executive and Press have to be the watchdogs of the Government!!


[h=1]Judiciary obliged to stand with citizens on Fundamental Rights: CJI[/h]November 25, 2017 16:17

25live-misra.jpg

Dismissing the perception of judicial activism, Chief Justice of India Dipak Misra today said that protection of fundamental rights of citizens is the "sacrosanct duty of the judiciary" and it is obliged to stand with citizens if government entities "encroach" upon their fundamental rights.


Justice Misra said: "The citizens have been guaranteed fundamental rights and the governing entities are not expected to encroach upon it. The moment they encroach upon it or there is an apprehension that there is an encroachment, the judiciary is obliged to stand by them."


Chief Justice Misra defended the court taking a pro-active position on the fundamental rights of citizens and expanding their scope.


"There is a perception that there is a judicial activism... I must clarify protection of fundamental rights of each and every citizen is the sacrosanct duty of the judiciary which has been conferred on by the Constitution. Fundamental rights have been expended from the date the Constitution came into existence,"

http://news.rediff.com/commentary/2...l-rights-cji/bd6bc6e80f60e3d93c632c446ef07e50
 
What about the fundamental duties of the citizens?

When a judge says it is the duty of the judiciary to protect the fundamental rights of the citizens, we understand that.

He should also say whose duty it is to see that the same citizens perform their fundamental duties to the society.

When it is not stated by the judge, the intention becomes suspect.

Is the judge inundated by the usual surge of judicial activism? And the halo it gives to the judges? And the supreme satisfaction it gives to the ego of them? Questions and questions and no answers. Why?

Let us find the answer to the second and equally important duty of the judiciary. That of making the citizens do their duties properly. Who is responsible? The natural answer is Government.

Now the natural next question. If there is a clash between the two bodies-the Judiciary and the Government-who should prevail?

The judiciary and its activism in India has miserably failed and has let down the ordinary law-abiding citizen.

Why do we need so many appeal courts? And why should it take so much of time to get a case decided-in some cases it takes the life time of the litigant involved. And we have adjournment specialist advocates. There is a fixed rate for getting the case adjourned by a month or two.

And the corruption is never contained within well defined contours to tackle it.

The citizen's fundamental rights kick in and a convict who assassinated a leader goes out in the open as a free citizen to plan another assassination perhaps. Anything is possible here because the courts are there to protect the rights-including the right to kill. LOL.

Judicial reforms are the crying need today and not the judicial activism.

Corruption cases should be decided in one level with just one appeal provision.

Killers should never be allowed to roam free even if it means curtailing their fundamental rights.

So instead of chest thumping about the holy inheritance of being the protectors of fundamental rights, judiciary should become more conscious of the crying need of the common law-abiding citizens.

Let them first help the elected Government bring some order in the chaotic society of the country first and then talk about fundamental rights.
 
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