Hon'ble Justice Victoria Gowri Appointment Controversy - Provoking serious doubts on the Wholesome Considerations of the Collegium and Exposing the ill-eyed brigade:
Being one of the recent controversies, the appointment of Justice Victoria Gowri to the Madras High Court has stirred a series of attacks on the Collegium System of appointing judges. The Judiciary usually emphasizes, and at times, over-emphasizes "Clean" Image of its Presiding Judges and Officers. That being the usual tempo, the Collegium surprised everybody with its alleged overlooking of the accusations, complaints and allegations of making strong harsh statements against the minorities.
When this point was raised in a litigation challenging her appointment, the Bench conveyed that the complaints against her, formed part of the Collegium's record and the same were considered before deciding to select her.
Considering themselves to be the voices of the minorities, several magazines and newsmakers started abusing the Collegium. In fact, the popular legal reporter LiveLaw featured an Article on 07.02.2023 which headnoted that the Collegium proved to be an utter failure leading to embarrassment [The word used was 'fiasco'].
It may be noted that LiveLaw is well known to be highlighting selective contents in favour of certain groups. For instance, in the EWS Decision and the Demonetisation Decision, LiveLaw Articles and Columns trumpeted the dissenting opinions, with less or no discussions of the majority opinions, which is the Law.
People might argue that it is one's freedom to write anything about anything. But, it is our counter freedom to understand and reveal their hidden mala fides.
Coming to the present issue, if you read that Article from LiveLaw titled - "Victoria Gowri's Elevation Exposes Centre's Double Standards & Collegium's fiasco", you can clearly get the venom spit against the Collegium. Criticizing somebody on merit is different, but branding the entire institution as a failure is far from virtues and is indicative of LiveLaw's quality.
In fact, you can find a considerable number of articles in LiveLaw condemning the Hon'ble Union Law Minsiter for his statement favoring the NJAC and praising the Supreme Court's reply favoring the Collegium. That is a matter of policy decision between two pillars of the country and the discussion is purely on merit and both of them, believably, take decisions in favour of larger public interest.
The Centre favours NJAC, for it involves a DIVERSIFIED COMPOSITION, with Members from the Executive as well, who are directly accountable to the people. Another major reason being highlighted is the INCREASED ACCOUNTABILITY AND TRANSPARENCY OF THE JUDGES. Here, it may be noted that the Collegium has VERY MINIMAL NUMBER OF MEMBERS FROM THE EXECUTIVE and involves the OPPOSITION LEADER, WOMEN, SC/ST members as well. So, it has the prospect of representing more views and positively, will incorporate wider perspectives.
On the other end of the spectrum, the Supreme Court feels that the INTERFERENCE OF EXECUTIVES in the matter of appointment of judges to the Higher Judiciary will disrupt the BASIC STRUCTURE of the Constitution, which, in our view, is more of a rigid egoistic contention rather than one that is considerate of results and the consequences.
It is relevant that Dr.B.R.Ambedkar has stood against the Collegium System of appointment and has called for a more balanced and accommodative system (you can Google it yourselves). However, with this, let us leave the merits to be decided by the Supreme Decision Maker - TIME..
Now, coming back to these agenda makers (magazines and reporters), can they answer the following questions:
1. Are you in favour of the Collegium System ?
2. If yes, why do you target and attack the entire institution for a single allegedly misplaced appointment ?
3. So, is it that you will kill the institution for selecting a BJP Member as a Judge, despite the Supreme Court's saying that the complaints against her were considered while taking the decision ? - (So, when a member from your political rival gets a benefit, incidentally, your vendetta goes to the extent of defaming and abusing the Collegium and the Supreme Court ?)
4. When two institutions are debating on the possibility of a reform in Judicial Appointments, where do you assume authority to abuse both the institutions for disappointing you in different ways and in different matters ?
5. What do you consider as the "Check and Balance" for the Judiciary ? Is the sole provision of Impeachment enough ? How many times has it been effectively invoked in India ?
6. Have you not looked into successive appointments in the Judiciary, taking the shape of nepotism and favoritism ? [X appointing Y as a judge; Y elevating X's son; X's son appointing Z as a Judge; Z elevating Y's son in law]
7. Why have you conveniently ignored Dr. Ambdekar's concrete views on the Collegium, when you quote his general, emotion-provoking statements very frequently for other selective aspects ?
8. When you stand for the Collegium System, why do you also cry for unequal representation of women and other communities in the Judiciary, which is ensured in the NJAC System through more accommodative and diversified composition ?
Bharatha Dharmam
Hon'ble Justice Victoria Gowri Appointment Controversy - Provoking serious doubts on the Wholesome Considerations of the Collegium and Exposing the ill-eyed brigade:
Being one of the recent controversies, the appointment of Justice Victoria Gowri to the Madras High Court has stirred a series of attacks on the Collegium System of appointing judges. The Judiciary usually emphasizes, and at times, over-emphasizes "Clean" Image of its Presiding Judges and Officers. That being the usual tempo, the Collegium surprised everybody with its alleged overlooking of the accusations, complaints and allegations of making strong harsh statements against the minorities.
When this point was raised in a litigation challenging her appointment, the Bench conveyed that the complaints against her, formed part of the Collegium's record and the same were considered before deciding to select her.
Considering themselves to be the voices of the minorities, several magazines and newsmakers started abusing the Collegium. In fact, the popular legal reporter LiveLaw featured an Article on 07.02.2023 which headnoted that the Collegium proved to be an utter failure leading to embarrassment [The word used was 'fiasco'].
It may be noted that LiveLaw is well known to be highlighting selective contents in favour of certain groups. For instance, in the EWS Decision and the Demonetisation Decision, LiveLaw Articles and Columns trumpeted the dissenting opinions, with less or no discussions of the majority opinions, which is the Law.
People might argue that it is one's freedom to write anything about anything. But, it is our counter freedom to understand and reveal their hidden mala fides.
Coming to the present issue, if you read that Article from LiveLaw titled - "Victoria Gowri's Elevation Exposes Centre's Double Standards & Collegium's fiasco", you can clearly get the venom spit against the Collegium. Criticizing somebody on merit is different, but branding the entire institution as a failure is far from virtues and is indicative of LiveLaw's quality.
In fact, you can find a considerable number of articles in LiveLaw condemning the Hon'ble Union Law Minsiter for his statement favoring the NJAC and praising the Supreme Court's reply favoring the Collegium. That is a matter of policy decision between two pillars of the country and the discussion is purely on merit and both of them, believably, take decisions in favour of larger public interest.
The Centre favours NJAC, for it involves a DIVERSIFIED COMPOSITION, with Members from the Executive as well, who are directly accountable to the people. Another major reason being highlighted is the INCREASED ACCOUNTABILITY AND TRANSPARENCY OF THE JUDGES. Here, it may be noted that the Collegium has VERY MINIMAL NUMBER OF MEMBERS FROM THE EXECUTIVE and involves the OPPOSITION LEADER, WOMEN, SC/ST members as well. So, it has the prospect of representing more views and positively, will incorporate wider perspectives.
On the other end of the spectrum, the Supreme Court feels that the INTERFERENCE OF EXECUTIVES in the matter of appointment of judges to the Higher Judiciary will disrupt the BASIC STRUCTURE of the Constitution, which, in our view, is more of a rigid egoistic contention rather than one that is considerate of results and the consequences.
It is relevant that Dr.B.R.Ambedkar has stood against the Collegium System of appointment and has called for a more balanced and accommodative system (you can Google it yourselves). However, with this, let us leave the merits to be decided by the Supreme Decision Maker - TIME..
Now, coming back to these agenda makers (magazines and reporters), can they answer the following questions:
1. Are you in favour of the Collegium System ?
2. If yes, why do you target and attack the entire institution for a single allegedly misplaced appointment ?
3. So, is it that you will kill the institution for selecting a BJP Member as a Judge, despite the Supreme Court's saying that the complaints against her were considered while taking the decision ? - (So, when a member from your political rival gets a benefit, incidentally, your vendetta goes to the extent of defaming and abusing the Collegium and the Supreme Court ?)
4. When two institutions are debating on the possibility of a reform in Judicial Appointments, where do you assume authority to abuse both the institutions for disappointing you in different ways and in different matters ?
5. What do you consider as the "Check and Balance" for the Judiciary ? Is the sole provision of Impeachment enough ? How many times has it been effectively invoked in India ?
6. Have you not looked into successive appointments in the Judiciary, taking the shape of nepotism and favoritism ? [X appointing Y as a judge; Y elevating X's son; X's son appointing Z as a Judge; Z elevating Y's son in law]
7. Why have you conveniently ignored Dr. Ambdekar's concrete views on the Collegium, when you quote his general, emotion-provoking statements very frequently for other selective aspects ?
8. When you stand for the Collegium System, why do you also cry for unequal representation of women and other communities in the Judiciary, which is ensured in the NJAC System through more accommodative and diversified composition ?
#livelaw #collegium #njac #constitution #drambedkar #supremecourt #uniongovernment #madrashighcourt
2 years ago (edited) | [YT] | 6
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Bharatha Dharmam
What, according to you, is the idea of "Rule of Law" ?
Your response need not be too technical. Just tell us what comes to your mind at once.
And, do you know any "Bharatiya Scripture" (regardless of language) which elaborates on the idea of Rule of Law ?
#ruleoflaw #bharathadharmam #bharat
2 years ago (edited) | [YT] | 4
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