Escolar Documentos
Profissional Documentos
Cultura Documentos
A small trip from one part of the city to another is a nightmare officials hate such roads. These roads are not very helpful in
for people of Kerala nowadays. Or so has it been, for the past large scale corruption.
few months. Traffic blocks were the main problem in the major
The Kerala State Road Transport Corporation is finding
cities like Trivandrum and Ernakulam, till recently. But now,
it difficult to operate its fleet of 3,650 buses because of these
the conditions have changed, or to use the right term,
horrible roads in most parts of the State. The Corporation
worsened. The condition of our public roads itself has never
suffered losses totaling Rs.21 crore from June to August end,
been worse. Full of well-like pits and gutters, these roads
just because of bad roads and fever. This has increased the
provide a memorable journey for every passenger. And thanks
Corporations monthly loss from Rs.16 crore to Rs.23 crore.
to the authorities, who take almost no care at al to this pathetic
The average mileage of each bus has fallen from 4.16 km pl
condition of the roads!
to 4 km pl. This has resulted in a monthly expenditure on fuel
Politicians, as usual, are completely impotent. They conduct alone going up from Rs.28 crore to Rs.30 crore.
meetings again and again, and then say that officials are not
Over the last few weeks, at least 30 people died just due
following their order! Shame on you, if you cant control your
to bad condition of roads in Kerala. Whenever a decision is
subordinates, how are you planning to bring revolution? Why
made to cut a tree to widen a road, we see a huge army of
dont you just suspend the officials and ask PSC to recruit new
intellectuals protesting against it. But when people die just
ones? There are lot malayalees out there without a job! And if
because roads are not repaired, no one bothers. The only sane
someone dies due to a pothole in the road, the official
institution in Kerala is the High Court and when they try to
responsible for the road must be charged with murder. This
enforce some law and order, politicians act like mad men.
may be the only solution to handle this problem!
But in Gods own Country, who is gonna care about what
There are many roads which are in good condition even the Court says? Dates can be extended endlessly for renovation
after the so called non-stop rains. The secret is that these of Public roads, and tomorrow never dies!!!
roads are built using modern techniques and are rubberized.
Athira.A.Nair
Unfortunately politicians, contractors and government Editor
The Religion
keep up the good work, thats it. Each
player did get a little over thirty thousand.
Wow, big bills coming your way Mr.
Hockey men! Is there any chance to
Nikhil Kuriakose
compare the eighty lakhs with thirty
A few weeks ago, Cochin played host to one of the most enchanting sport events thousand? Either respect all the games in
an equal way or respect no game at all. I
in the country, the India-Australia second one-day match. Well, is this whole issue
did read in the newspapers that the hockey
much of a blockbuster as it seems to be? I was there at the stadium when the so-
players have gone into a hunger strike,
called team blue made their entry. Well, if I needed the word meaning of
demanding approval of their abilities and
pandemonium and hysteria, I would not have to look for a more perfect example.
an equal respect being shown to them. Why
Now, let us bring forth the million-dollar question, Do they deserve it? or better
did it have to get to all this? What more of
else, Do we deserve it?
a way exists to represent humiliation for the
A thousand police personals were in and around the entire stadium, not to ministry?
mention, the national cadets and the scout clubs that were crowding the stands.
Also, why is that such a big interest
The entire traffic system of the city had to go on a temporary hold on the day. The
being given to the line of sports, when there
system was so tangled that the commuters had to walk miles to get on a bus. No
are a lot of other sectors which deserve an
vehicles were allowed in front of the stadium during the peak time. Even the ride I
equal attention? Many a sectors in the
was on, had to travel an additional 4 miles before entering the main stream of
economic sector, take a lot of pain to steer
traffic. Nearly half of the city was there, and an equivalent number of media troops
our nation to the forefront. Why cant the
that were deployed to cover the event.
government understand them? Why does
And finally, the time arrived, the demi-gods of the sub-continent made their the government turn a blind eye to their
entry. A super chilled Volvo glided into the stands admist a pool of fans and well pains? Many a sectors in the government
wishers. I did not stay to watch the rest of the festivities. Well, I did not have a and private genre play a leading role in
valid ticket and the cops were very much interested in showing out free-birds like determining the future of a nation. When
me. So, I had to deny my privilege of watching the game in person. But, certainly, we think about USA, what comes into our
I made sure that I did watch the game in television. And in the end, team India had mind is not the highly successful athletics
to fall, and our local kid got a bang his head. Well, that was the result. Let us go to team they are maintaining. What we respect
the part when I referred them to as demigods is the high economy and their authority in
In India, cricket is a religion, and the players are Gods. I didnt make it up. It the world. So, what matters about a country
was in the reels all through these years. The miracle did happen. Our team won the are their economic power and their
T20 world cup. Well, dont be offended by the word miracle, thats something, intelligentsia. And not how well they play a
which I felt personally. It was really a comeback. As they say, From zero to hero. sport! Therefore the point of nations pride
From the humiliating early exit from the World Cup, to the champions of the new and prestige is lamer than it seems to be.
game, T20. With this, the fans home found some way to transform the rotten eggs Well, my aim is to convey the idea that
into garlands. When the team arrived here, they were in for a memorable day. All the government should protect and support
through their trip to the hotel, the festivities mirrored the pomp and gaiety of the the neglected clans of a nation, who takes a
love, the fans had on their Gods. The possession was one for the memory lane, left lot of pains to steer our nation into
alone the fact that few of the top shots got unwell due to the drizzle. development. A little support and
With prestige comes great privilege. None of us have a clear-cut account of the recognition can go a long way. Let our mind
prize money, which was awarded to the team for their cup winning performance. and energy be not fooled into blindly
As a closest guess, one can approximate to greens to by eighty lakhs per God. This respecting some superheroes. A lot of work
does not include the usual match fees, which is nothing more than a few lakhs per has to be done to build our nation. Let us
each game. Also, not to mention, the countless offers met by the players, sponsorship devote our brain and energy to build a better
deals that is. Yuvi tops the chart with 8 new brand ambassador deals. Come on tomorrow for India, Chak De!
Team India, a few more cups and you guys are on the way to the richest in the The author is a second year student in
country. Beware Mr. Corporate!! engineering at RASET.
MINDTEXT | VOL - 2 ISSUE - 9 | September 2007 l 3l
Public Eye
LYSA workshop on
Some Basic Principles of Liberalism
Roji John & Antony Dawson Dsilva
LYSA workshop on Some Basic Principles of Liberalism well served its
purpose as it influenced the thought process of the participants and provided them
an opportunity to interact with other liberal youth organizations in the South Asian
region. Hats off to FNST and the moderators (Mana and Cris) who made the
workshop a treasured event for all the participants and their respective
organizations!
An organization presentation, following the formal opening ceremony on the first day, was a great opportunity for us to learn
more about other organizations and their activities. The written comments and questions on each organization by every participant
was the highlight of this session given its self-reflective nature.
The concept of liberalism has been criticized by all other schools of thought and it makes extremely difficult to convince
others what it means to be a true liberal. To a larger extent, this dilemma faced by most of the participants has been successfully
addressed by the different sessions of the workshop and moderators really excelled with their expertise and sound understanding
of liberal principles and practices. Mana and Cris did an excellent job by including sessions that covered all the aspects of a
liberal society. Initial apprehensions of the participants gave way to hope and new horizons of knowledge as workshop progressed.
The workshop was successful in initiating a new thought process among the participants as it helped us to develop an alternative
paradigm on many issues affecting our societies. The sessions on Liberalism as the Moral Basis for a Free Society, Life in an
Illiberal Society, Rule of Law: Foundations of a Liberal Order etc. offered critical perspectives on many of our beliefs and made
us think differently. Dr. Rohan Edrisinhas session on History and Principles of Liberalism was really enriching as well as
thought-provoking. It offered an insight into the different schools of thought in Liberalism.
Project presentations offered a glance to the nature of ongoing works of the participating organizations and also helped to
identify the areas in which different organizations could collaborate and learn from each other. The opportunity to network on
related areas and share resources was very much appreciated by all the organizations in the workshop. Taking cue from the
session on Planning for Change, which helped to identify the lacunas in their research project, a revised project presentation
session was held the day after. Liberalism in Bollywood was very interesting and showed how can we spread the message through
movies, documentaries etc.
The workshop was notable for the commitment and the complete involvement of the participants. Various group works
offered many new ideas that can be practiced in our organizations. The questions and comments made by the participants through
out the workshop reflected the spirit of critical enquiry within them.
The final session of the workshop that aimed to develop a strategy for LYSA did not succeed in its intention as it failed to
evoke any positive response from the Executive Committee. It lacked a solid plan and what actually could have planned and
developed for LYSA in the future did not come along due to the complacent attitude of the Committee. There needs to be a
serious recapitulation of how far LYSA has been able to deliver given the huge potential it otherwise has.
The sight seeing tour to Galle was really a memorable journey as it showed the natural beauty of Sri Lanka and exploring the
tranquillity of the Fort. The accommodation and food was amazing as the organizers did everything possible in their capacity to
make sure that all the guests were comfortable and enjoyed the stay. At the end one can easily say that workshop was a great
success in promoting liberal values and FNSt can take the honour for their unstinting support to this programme.
The authors are board members to CPPR and they attended LYSA Workshop
MINDTEXT | VOL - 2 ISSUE - 9 | September 2007 l 6l
Chat special
Tea- time chat
Kalpana & Lekha
The Student Social Workers from Rajagiri College of Social Sciences took
part in a tea-time chat held at DD Food Court, Ernakulam on the 20th of July
2007 at 4 pm.
The resource person for the occasion was renowned teacher-coordinator of
the Kerala chapter of Art of Living, Mr. Venkatmani. Vinu, Jithin, Hari, Caroline,
Thomas, Kalpana and Lekha participated in the discussion.
The Art of Living offers Post introductions, Mr. Venkatmani began with laying on the students ,the
a couple of courses that include: huge responsibility they have towards society. His words were, You should
enter politics! He strongly believed that the need of the hour was for the youth
YES Plus: Youth Empowerment Seminar
of India to become assertive and willing to stand up and save the country from
(for those above 18)
the winds of strife and corruption.
APEX: Achieving Personal Excellence
According to him, Art of Living has one aim in mind: to help people to live
(for corporates and management sectors )
life to the fullest. One should always have a smile on his/her face and this inner
Prison SMART: Stress Management joy should translate into the lives of all around him/her. Art of Living thus
And Rehabilitation Training teaches people how to live through miseries, how to be happy with oneself,
(for prison inmates) confident of oneself and be calm and peaceful.
He also stressed on the fact that Art of Living gives no one a magic potion
in order to be happy; it just shows the way. One has to practice what has been
told in order to be happy. Thus one decides for himself and learns to be happy
with life and, as a result, makes all around him happy too.
The SSW found the tea-time chat motivating since the focus of the resource
persons discussion was on the need for knowledge in order to be happy.
REVERBERATIONS
Nice work. Good to see younger people I liked the This Part of
thinking about these issues. India...article...could i put that on my
Nitin blog indiavikalp?
could you also make the pages brighter,
It is indeed nice of you to have sent the if possible, considering they r by young
Mindtext newsletter. My compliments to people,
you and the youngsters who have put in
their wonderful thoughts but great writing, must say,
The Liberty and Society Seminar in presumption that there was no need of life.
Bangalore brought together the Corporate Responsibility, at it would The remaining days witnessed a
thinking brains from Pune, Goa and only cut down the profits of a company Researching Reality experience under
Bangalore. The exciting sequence for whch would eventually lead to shutting Mr. Naveen Mandava, Research
the Seminar started around 9:30 am on down (Indeed a thought provoking Associate of CCS. The participants had
20 t h September. The participants one!). Mr.Ashok Kamath, a graduate to find out the situations of people
introduced themselves and highlighted from IIT,Mumbai and Managing relating to health, sanitation, water etc.
their expectations. The first session was Trustee of Akshara Foundation which in a village called Uthari (Utharahalli).
taken by Mr. Gautam Bastian, who is a public-private partnership that aims The outcome made us think practically,
through open a question to participants to have Every Child in School and if only we could really change the
on Why is India poor? The day also Learning Well. His topic on Education situations existing in the village.
witnessed topics on Public Policy and Policy: Choice and Competition was a
The Seminar ended on high note
Social Change by Raj Cherubal, Vice reality trip to most of them on the need
with people getting together having
President of Centre for Civil Society, to have a quality education in India.
different opinions leading to heated
and What makes a Good Society: Your Mr.Arnab Mukherjee (IIM) delivered
discussions. The valuable insights of
Utopia, :Beyond Perceptions & The insights on Designing Sound Public
the various faculties really ignited the
Philosophy of Liberty by Gautam. But Policy. Another highlight of the
spark for change. The stereotypes
the star of the show was Dr. Seminar was the showing of
which existed on topics like
Christopher Lingle(Chris), Professor documentaries like Greed, Sex,
Liberalism, Privatization and
of Economics at Universidad Fransisco Drugs and Consenting Adults which
Globalization was shattered and
Marroquin in Gautemela. His were really thought provoking. Chris
redefined. The whole seminar made us
aggressiveness and enthusiasm showed us how exaggerated were the
realize the importance of a Free Society
attracted the participants who were Environment Activists who claim that
and the need to frame Public Policies
eager to learn more from him, as most the World is going to fall by 2020.
for achieving it. I think CPPR which
often he had little time to finish his Similarly he advocated for providing
already have moulded their vision in
food. Nalini.S and Amit were the freedom for Sex (Prostitution), Drugs
the right direction would bring about a
persons from CCS who organized the (there was no harm in possessing Ganja
change in the society by its activities.
events. as rarely have people died consuming
Moreover we need more people to get
On 21st, Friday, Chris made us it unlike alcohol) and also of right to
exposed to such public policy making.
think on the topic Business Ethics & die. The government should refrain
The author is an RTI Act Campaginer
Corporate Responsibility from a from the lives of a human; they should
with CPPR and attended LSS
different angle. He centred on the have a liberty to do whatever with their
AN INTERVIEW WITH
Mr. RAMAKRISHNAN
CHIEF COMMISSIONER, TAMIL NADU STATE INFORMATION COMMISSION, CHENNAI
J. Sakthivel
This short write-up is an articulation of Mr. accord Commissions with financial autonomy. This made the Commissions
Ramakrishnans reflections on the Act, its dependent on the Governments for their sources. Elsewhere, he said, with the
working, problems, and issues otherwise Human Rights Act, the Commissions hereunder had financial autonomy, with
occupying his mind in this regard. In doing so, an exclusive Chapter in the Act devoted for the purpose. The repercussions of
I am able to synthesize his views as emanating financial dependence were not a concern limited to the full-facilitated working
not just from a Chief Commissioner s of the Commissions, but also held the latent potential for governments to snap
perspective, but as those of an ex-bureaucrat, the much-needed fuel called money that was a sine qua non for the working of
a quasi-judicial authority, and ultimately as one the system, if there were to be political reasons for the same. When asked if he
part of this countrys citizenry, all cobbled up wanted an amendment to the Act, Mr. Ramakrishnan responded that there was
into what the man feels and wants to do about in fact no other way to assure financial independence to the Commissions.
this.
On a lighter note, Mr. Ramakrishnan was reminiscing his days as an IAS
With a few prefatory enquiry of how officer when, as a government official, there was an endless list of statutes that
successful the RTI machinery was in TN, I he had to be familiar with and how certain statues like the Indian Stranded
allowed Mr. Ramakrishnan to take over. He Persons Act, 1872, had virtually fallen into disuse because of lack of public
began on a long discourse on the functioning awareness. He was however happy that there was increased education of the
of the Act in TN. He identified problems public about the RTI Act.
primarily with the bureaucratic setting in which
Mr. Ramakrishnan then went on to discuss the statistics of his office an
the Act had to work, the issue of appointments
overwhelming 9,000 briefs in the last year petitions, appeals, enquiries and a
of officers and the circuitous route that
myriad other ways by which people approached the Commission. Most often
Government Orders (GOs) had to take.
sitting as a bench with his two other Commissioners, he noted that most matters
In particular, the political scenario in which did not warrant a hearing to the department concerned as their dealing with the
the Act came into force at Tamil Nadu, when petitions were either prima facie wrong or there was no statutory reason to
an outgoing government could not issue GOs refuse the information required. In other cases, there was a factual dispute or a
making appointments during elections, posed question of application of the Act, including its interpretation, which could be
blockades in the effective and speedy settled most often with a single hearing. Yet other instances presented cases
implementation of the Act. His understaffed where people asked for bulk information, a few illustrations that he gave being
office had to carry on with the workload that a compilation of all construction permissions granted by the local authority for
an anxious public sent him daily. However, after a district, or the names of all the people officially supposed to have benefited
the elections, once the legal impediments had from the food for work program. In such cases, he said it would simply be
been removed, appointments were becoming impossible for the concerned department to give such information, for reasons
speedier and he was impressing himself upon of churning out volumes after volume, the prohibitive costs involved, time spent
the Chief Secretary, the importance of making on putting the files back to their rightful place, and the man power that would
things quicker. He also identified problems with have to be exclusively dedicated to do the photocopying.
the departments not having with them, the text
As regards the disposal rate, he noted that the online system that was being
of the Act and the Rules made there under and
established had some 45 different standard modules into which the reply to
the general lack of education of Public
petitioners and departments could be fit into, the computer dispatching things
Information Officers with the peculiarity of a
by the end of the day for them to go to the respective addresses by post. In a
system like this which is being introduced for
remarkable achievement, only 2000 odd cases were pending, he said, many of
the first time in the country.
them at the final stages of their disposal. He was expecting more and more
The next issue that he was quite clear and petitions in the coming years and that his office was actively thinking of how to
decided was on the issue of the Commissions further computerize the system.
finances. He pointed out that the Act did not The author completed M.Phil on RTI Act with Madras University
MINDTEXT | VOL - 2 ISSUE - 9 | September 2007 l 9l
Reality Check
JUDICIAL
INDEPENDENCE Harisankar K.S.
INTRODUCTION:
It is one of the most debated topics during the past few decades in judicial conferences throughout the world. Why is judicial
independence so important? Independence of judiciary is not itself an important governance value. A judge may believe in the
doctrine due to status or protection of his profession. The common man will embrace this principle only when its reality leads to
ensuring fundamental rights. The very existence of a right depends upon the remedy for its enforcement; unless there is remedy,
there is no enforcement. Therefore, neither justice nor human rights guaranteed by the constitution become secure for the people
without a free and independent judiciary. Judicial independence is most important in the cases where courts are called upon to
resolve disputes between individuals and the state or between different branches of government.
CONSTITUTIONAL PROVISIONS:
Independence of judiciary stems from the notion of the separation of powers, whereby the executive, legislature and judiciary
form three separate branches of government. The constitution of India1 provides: the state shall take steps to separate the judiciary
from the executive in the public services of the state. Provisions in regard to the judiciary in India are contained in part V (the
union) under chapter IV titled, the union judiciary and part VI (the states) under chapter VI titled, subordinate courts
respectively. It is, however, important to emphasize that unlike, other federal systems, we do not have separate hierarchy of
federal and state courts. In India, the judiciary is integrated. For the entire republic of India, there is one unified judicial system
one hierarchy of courts- with the Supreme Court as the highest court and also as the arbiter in matters of relation between the
union and the states and the states inter se. India practices constitutional governance by rule of law. Be it legislature, executive or
judiciary; all are creatures of constitution of India. In this democratic setup, the judiciary is an impartial empire that resolves
disputes within the boundaries laid down by a written constitution.
The provisions and features of the constitution under mentioned, would explain the extent of the independence of judiciary
under the constitution.
1. Special mode of appointment of judges: - The Constitution of India in art.124 (2) envisages a special mode of appointing the
chief justice and other judges of the Supreme Court. Similarly art.217 of the constitution deals with the procedure to appoint
the chief justice and other judges of the High Court.
2. Security of tenure: - The judges of the higher as well as the lower judiciary have a security of tenure. A judge of the Supreme
Court retires at the age of 65yrs; and that of High Court retires at the age of 62yrs. None of them can be removed by the
president or any other executive authority under the Indian constitution, except by way of impeachment.
3. Immunities in respect of salaries and allowances of judges: - under the provisions of art.125 and 218 of the constitution, the
supreme court and high court judges are entitled to be paid such salaries as determined by parliament. They cannot be varied
by the legislature except during emergency.
4. Administrative power of the Supreme Court and High Court: - The Supreme Court and High Court have been given the
authority to recruit their staff and frame rules regarding conditions of service (Art.146 and 229).
5. Salaries drawn from the consolidate fund: - the expenditure in respect of the salaries and other allowances of judges of higher
judiciary are drawn from the consolidated fund of India.
6. Bar as to discussion of conduct of judges: - No discussion shall take place in the legislature of a state or in the parliament with
respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties2.
7. Power to punish for the contempt: - Under art.129 of the constitution, the supreme court has been designated as a court of
record and the power to punish for contempt of itself. Similarly under art.215 the high court has the same power.
1
Article 50
2
Article 121 & 211
MINDTEXT | VOL - 2 ISSUE - 9 | September 2007 l 10 l
CONCEPTUAL ANALYSIS:
William Blackstone, says that3 if the judiciary is joined with the legislature, the life liberty and property of the subject would
be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions and not by any fundamental
principles of law; where it joined with the executive, this union might soon be an overbalance for the legislature. The role of the
judiciary in ay society must be to protect human rights by way of due process and effective remedies. This role cannot be fulfilled
unless the judicial mechanism is functioning independently, with its decisions based solely on the basis of legal principles and
impartial reasoning. But political considerations often impose limitations on the substantive decisions of the courts. The goal
of an independent judiciary is often just that; a goal with a reality. So, judicial independence, at its basis means that judges are
free to rule against government, without fear or reprisal.
The movement towards judicial independence must begin from the appointment of judges. The method by which federal
judges in the US are selected, appointment by the president and confirmation by the senate, is an attempt to free federal judges
from the political pressures associated with elections. In Supreme Court Advocates On Record Association Vs. Union of India4,
the Supreme Court said that, constitutional safeguards attached to the office of the judge are not the last word, in regard to the
independence of judiciary. In addition to this there should be a basic and vital condition, necessary to secure the judicial
independence; and that is the methodology followed in the matter of selecting and appointing a proper and fit candidate to the
higher judiciary. The motivated selection of a candidate to the judiciary by the executive certainly undermines the public confidence
in the rule of law, and finally the concept of an independent judiciary will remain a myth rather than a reality.
The independence of judges after appointment to the bench should be protected to enforce that the rights of litigant are not
compromised by illegitimate or illegal considerations. Protection from reprisal can be attained through life tenure or some other
forms of protection that insulates arbitrary removal or transfer from the office. In US, the issue was confronted in the debate over
adoption of the constitution. Alexander Hamilton5 argued that the standard of judicial tenure during good behavior was the
most effective method against encroachment by the legislative branch, providing for speedy, upright, and impartial administration
of the laws. Hamilton was convinced that the more trust to be put in members of the judiciary, the more important it was to assure
them tenure during good behavior.
If the people are to have any realistic check on a powerful executive short of armed conflict, it must be by an independent
judiciary authorized and able to decide cases contrary to the position of the government when required by law. Thus the ability of
courts to perform their task of administering justice may well lie initially in the extent to which the concept of judicial review is
developed and accepted. Courts are often called upon to decide issues of exceptional importance involving the states or conflicts
between branches of government. In order to resolve these disputes effectively, it is necessary that courts establish a recognized
means of reviewing decisions of political sensitivity and significance. The ability of citizens to bring a lawsuit requesting review
of governmental decisions is essential to judicial review. As Hamilton intimated, the existence of judicial review does not entail
a conclusion that the judiciary is superior to either of the other branches.
CONTEMPT LAW:
The judiciary undoubtedly is the arbiter of the rule of law. Because it is the courts that are constitutionally entrusted to decide
disputes between opposing parties and thereby maintain the supremacy of law. The founding fathers of the constitution engrafted
articles 121 and 211, and thereby prohibited the parliament and state legislators to discuss on the floor of the house, the conduct
of any judge of the Supreme Court or high court in the discharge of his duties. The contempt law is a very powerful tool in the
hands of judiciary. Its singular purpose is to protect and preserve the majesty of law and the dignity and independence of
judiciary. In Dr. D.C Saxena Vs. Honble Chief Justice of India6 the Supreme Court tried to strike a balance between the freedom
of speech and expression and the duty to maintain public confidence in the administration of justice. In this particular case, the
petitioner filed a writ petition against the Chief justice of India. By observing allegations made in the petition, the court punished
the petitioner for contempt. The Supreme Court stated that, scurrilous abuse of a judge or attacks on the personal character of a
judge are acts of contempt7. It again made a point saying, but, this is not to say that judicial decisions are not subjected to
criticism; they can be, but not the judges who took them.
In certain cases Supreme Court made it clear that, the judiciary exercises a sovereign judicial power of the state. While
deciding, All India Judges Association Vs. Union of India8 the court declared that, the judicial service is not a service in the sense
of employment. The members of other service cannot, however, be placed in par with the members of the judiciary, either
constitutionally or functionally. Therefore a distinction can be made between them and other service, while determining the
service conditions.
The power of Supreme Court under art.32 for the enforcement of fundamental rights, to protect workingwomen from sexual
harassment, was came into light, in the case of Visaka Vs. State of Rajasthan9. In the absence of an enacted law, to provide for the
enforcement of a basic human right of gender equality, the Supreme Court laid down certain guidelines and norms for the strict
observance in all institutions to guarantee against sexual harassment at working places. It further emphasized that; this would be
treated as law under art.141 of the constitution, until legislation comes to existence.
REMOVAL OF A JUDGE:
Article 124(4) deals with the removal of a Supreme Court judge from his office. The procedure for the removal is prescribed
under Judges (Inquiry) Act, 1968; and in the rules made there under. In Sub-committee on Judicial Accountability Vs. Union of
3
In Commentaries on the Laws of England
5
The Federalist Papers No.78 7
R v. Grey (1900) 2 QB 76
4
(1993) 4 SCC 441
6
(1996) 5 SCC 216 8
(1993) 4 SCC 288
10
(1991) 4 SCC 699 13
The Federalists Papers No.79
11
Krishna swami Vs. Union of India (1992) 4 SCC 605 14
K.Veeraswami Vs. Union of India (1991) 3 SCC 655.
12
In, American Commonwealth. 15
K.Veeraswami Vs. Union of India (1991) 3 SCC 655.
Photo Gallery
D.Dhanuraj attended round table conference on Strategy Workshop for Spreading Liberilisam in India held in Hyderabad on September 6, 7 - 2007
MINDTEXT | VOL - 2 ISSUE - 9 | September 2007 l 13 l