New Delhi, 24th November 2018, Dr. Udit Raj, National Chairman, All India Confederation of SC/ST Organisations, said that the higher judiciary has become substitute of legislature, an institution by itself without accountability, making appointment of judges without merits and complete exclusion of SC/ST/OBC representation. It looks judicious and effective from outside but it is hollow from within . Some incompetent and corrupt politicians have paved the way for the judiciary to act as extra constitutional authority. It has been decided to launch a mass agitation to show its place as enshrined in the constitution. A big rally is planned to protest on 3rd Dec at Ramlila Maidan , New Delhi .
The so called PIL is destroying the very institution of judiciary and high profile lawyers and citizens institute PILs in the High Courts and the Supreme Court – not for the enforcement of peoples’ rights, fundamental rights and of undertrials languishing in jail; but to enforce their private agenda. They approach the Supreme Court to legislate, declare the law of the land and approach the Supreme Court to substitute itself as parliament and executive. There are hundreds of cases where the Court has succumbed to such demands of the PIL-wallas. The Judges-2 case is a classical example. On the specious premise that the enactment of the Constitution (Sixty-seventh) Amendment Act, 1990 empowering the President to constitute a high level Judicial Commission - known as the National Judicial Commission – is likely to take time, they made the Supreme Court to rewrite Articles 124(2) and 217 of the Constitution. The collegium system of appointment of Judges to the higher judiciary, which is undemocratic and contrary to the Constitution, thus came into existence.
Both the Houses of the Parliament, and 21 State Legislatures amended the Constitution. Ninety-ninth Amendment Act, 2014 sought to bring an end to the collegium system. Then, again the PIL was used to defeat the will of the people. The National Judicial Appointment Commission was thus aborted before it could take birth.
Dr Udit Raj further said that it is for the government to monitor the administration and not the judiciary. Through monitoring committee in Delhi , it is acting like Govt by itself and committee as a deptt. . No doubt there are failures on the part of people’s representatives and the govt officials but that does not mean that the institution meant to interpret the law becomes the law maker . In the past lacs of business units were closed in Delhi at the behest of Supreme court which hit the business most and currently monitoring committee is doing the same . In case of Manoj Tiwari’s matter , he was reprimanded but no case could be made out, then why was contempt proceeding inititated? What happened to the officers who sealed the houses and shops without giving notices? The court did not take any action against erring officers who illegally sealed the premises. The Supreme Court failed to dispose the issues where officials acted with ulterior motive.
Dr Udit Raj informed that SC/ST/OBC are very disappointed on two counts , i e, they are excluded in higher judiciary and any matter related to their interests and reservations etc are heard in casteist paradigm and a judge of Gujarat high court could not hide his prejudices and pronounced that the reservation and corruption are destroying the country. About 85% people avail reservation in this country so according to this judge , they are traitors and not fit to live in the society. Whatever the constitution and law makers are giving to SC/ST/OBC to empower them , some caste biased judges are diluting and the Prevention of SC/ST Atrocities Act 1989 met the same fate and see the audacity that again the Supreme Court has admitted the PIL on it and it has been scheduled for hearing in January 2019 . The collegium system must go and primacy must be restored back to the Govt in judges appointments. Judges are appointed without merit and when a lawyer is recommended for judgeship what are the criteria, does he pass any written exam or interview is conducted or his done cases are scrutinised. Those who themselves don’t come through merits, shouldn’t be the ones deciding the merits of others.
