An Indian Civilizational Perspective

Indian PM and Chief Justice in a Showdown!!

In a conference of Chief Ministers and Chief Justices in Vigyan Bhawan, there was a virtual showdown between Dr. Singh and the Chief Justice of Indian Supreme Court KG Balakrishnan.

The more I hear of what Dr. Singh has to say and the stance he is taking in recent times, my respect for him reaches lower and lower! It is quite clear to my eyes that he plays to the gallery of his pseudo-secular constituents… and if it is HIS chosen stance then he has VERY poor judgment!!

I find Indian democracy to be the strongest in the world – because of ONE main feature – the independence of its legislative, judiciary and executive.. and the ability of those who UNDERSTAND the laws to assert the rule of law when Executive and legislature turns populist and simply plays football with the constitution and its basic and inherent intent. Little do these idiotic dimunitive politicians – including Dr. Singh now – realize what they are doing!! Just as Gandhi, under strong coercion from Jinnah-esque Ambedkar (he actually threatened Gandhi with a Pakistan-like nation-movement unless he got special rights for dalits) had started a curse in modern India that would undermine merit over caste; Dr. Singh and his thoroughly careless ministers are making a further mess of India’s future by totally destroying the need for meritocracy!!

Worse still, the VERY treasure that has helped India – and these idiots – assert power in the world, is being played with – IIT/IIM quotas – through short-sighted measures!!

If a person falls down, you need to provide him with incentives to rise..make rules and laws that if, anyone.. ANYONE… may want to do well, he or she has an equal chance. That someone like Anil Ambani has no better chance than a Dalit poor.. is what is required. And that will NEVER.. mark you NEVER EVER come from quotas!! That is a given!!

So, when these politicians install quotas they can absolve themselves of ACTUAL improvements in law and infrastructure that can benefit a Dalit uneducated poor person from doing good in life through hard work… like getting basic education! Hence, it is my conviction that the politicians hold the future of the Dalits to ransom by giving them meaningless sops that only go to the rich and connected amongst them anyways.. meanwhile the merited simply get frustrated… and leave! Look and Tamil Nadu to understand the basic result of such nonsensical policies!

By the way, here are some quotes from the speeches:

KG Balakrishnan spoke first:

"The application to judicial review to determine constitutionality of the legislation and to review the executive decision sometimes creates tension between the judge and the legislative and the executive branch. Such tension is natural and to some extent desirable," Balakrishnan observed.

Noting that the judiciary’s independence was essential to the rule of law, Balakrishnan said judicial review was an ‘extraordinary legal invention’ that seems ‘deceptively simple, but it is one of the most baffling of legal devices. Sometimes it is described mistakenly as a veto power over legislation.’

He said the principles of separation of powers are kept in the forefront and the judge should make sure that each of the other branches operates within the boundaries of the law and the judicial review.

Dr. Singh spoke next:

"The dividing line between the judicial activism and judicial overreach is a thin one. A takeover of the functions of another organ may, at times, become a case of over-reach," Dr Singh said.

The prime minister’s remarks came in the backdrop of a plethora of legislations being struck down by the apex court, the latest being the constitutional validity of Schedule Nine and the stay granted on implementing the 27 per cent quota for OBCs in elite educational institutions.

Maintaining that the judiciary’s primary obligation was to enforce the rule of law, uphold the Constitution and enforce the discharge of obligations by any authority of the state, Dr Singh said this conferred enormous power on the judiciary.

However, at the same time, Dr Singh said that the judiciary cannot substitute its power of mandamus to take-over the functions of another organ, meaning the legislature and executive.

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