Saturday, October 17, 2015

India's Judicial Dictatorship - Taking the 'Man' Out of 'Mandate'

India's Supreme Court has overstepped its powers by declaring that only it can decide who becomes a judge on the Supreme Court:

http://www.ibnlive.com/blogs/india/vvp-sharma/scrapping-njac-judiciary-versus-not-executive-but-will-of-the-people-14329-1152631.html

http://atimes.com/2015/10/supreme-court-scuttles-modis-judicial-reform-move/

That's ridiculous - that's judicial dictatorship. It means that the judiciary has no accountability to anyone except itself - a clear recipe for corruption.

Look at the constitutions of major democracies like the US, Britain, France, Canada, etc - they all require that Supreme Court judges be selected and approved by those from the executive and the legislature. The fact that India's Supreme Court declares itself as accountable to nobody means that it is nothing but a rogue force without any form of mandate from the people themselves. Even a judiciary needs a mandate from the people - unlike the court systems of other major democracies, India's Supreme Court has none.

The Supreme Court is acting like a Pope which says that its unquestionable authority comes from the Bible, and that it is the only one qualified to read and interpret that Bible. Those who embraced Gutenberg would disagree.

The constitutional amendment from NJAC was passed by unanimously and supported by 20 states - and the Indian Supreme Court has spat upon their voice and their choice! The unelected court apparently feels that parliament is not the representative of the will of the people.

After the BJP wins the election in Bihar and later obtains a majority in the upper house, the parliament will have to make reform of the judiciary its highest priority. There will have to be a showdown, in order to force India's unaccountable rogue Supreme Court to submit to the will of the people. It's time to Bell the Cat.

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