441. THE SUPREME COURT OF INDIA: THE IMPERSONAL LAW

441

THE SUPREME COURT OF INDIA:

THE IMPERSONAL LAW

President of India Mr. Pranab Mukherjee, on 19 October 2015, said that acceptance of dissent in India is on the wane.

Former Chief Justice of India R.M. Lodha, in a centre page article in The Hindu dated May 20, 2015, said that the legislative acts must be decided through a process of judicial review. He added that there can be no rule of law without such a provision.

The present man said it repeatedly after the BALCO judgment.

But the Supreme Court did not pay any heed to the advice.

Unrestrained by law, the government acted in bad faith.

It handed over some public assets to the private parties.

In fact, the court induced the government to do this.

The court considered this as a policy decision.

Suddenly some new players got a small portion of the 2G spectrum.

The court could not digest it.

It smelled corruption and cancelled all licences.

Now it does not talk of policy decision.

It is not ready to restore the  irrationally alienated  public resources.

The Chief Justice of India, on 20 October 2015, said that  the Supreme Court is open to new norms for collegiums. He said that the suggestions from various quarters would be considered. He added that the judiciary and the government are doing the best for the people.

Mr. Paramjothi, a retired High Court judge, said that competitive examination is the best way for selection.

The retired judges do distinguish between the right and the wrong.

 But the serving judges fail to do this.

The judgements of all illegally appointed judges are illegal.

Therefore, any unreasonable selection will be illegal.

The mark sheet is not the sole index of intelligence.

Therefore, selection is bound to be a tough one.

The collegiums considered the voice of the manipulators alone.

In fact, it functioned as the most treacherous body.

There exists a nexus between the collegiums and the manipulators.

This net work must be pierced.

For this, the law for the selection must be a  rigourous one.

It must take into account the voice of every citizen.

It must bind all equally.

It must deal with common cause and not with private interest.

Above all, it must be impersonal.

It is the characteristic feature of the Sovereign General Will.

Therefore, the people  making the law should not carry it out.

Evidently, if the judges want to make  law, they should not carry it out.

A rational selection would take into account:

Marks in the competitive examination.

Academic record and experience.

Reservation.

Proportionate representation to the  states and

Any other reasonable suggestions.

The collegiums will retain a limited right of supervision.

The judges so selected might seek the general good.

They will have the strength to give Freedom.

Will public interest triumph over private interest?

Will the judges understand the meaning of the word “impersonal’.

This is letter No.441.

 This email is being submitted to His Excellency the President of India, Supreme Court of India, Chief Vigilance Commissioner, Indian Army and the Indian Air Force, and posted in the blog: www.howeverythinghappenedinindia.blogspot.com  on 24-10- 2015

24-10--2015.

V. Sabarimuthu,

26-3 Thattamkonam, Vellicode, Mulagumoodu PIN: 629167, India.