Monthly Archives: March 2011

                       JUDiCIAL PROCEEDER UNDER ART 145 CONSTITUTION OF INDIA 

Judicial observation of courts are very much appreciated by the people. Earlier the observation of any court was made on the basis of written order quoted by press as an authenticated observation having an impact on the stakeholders and the public at large. But now  a days the print media and electronic media are creating and satisfying the appetite for information to the people by putting  oral observations of the Judges more of High court and Supreme Court. Even the so called ‘docket orders’ are not getting such thrill and impact as the oral clarifications , responses and comments of judges  to the submissions of Advocates and high lights to Government representations. Many a time these reporting  are having telling effect on the day today performances of the Police Officers, Beaurocrats, Administrators, Governments , Constitutional authorities, Ministers, including Prime Minister. There is no system created for authenticity of such oral observations and remedy for any grievances of the such affected personalities. 

Under Art. 105 the Parliament members are having freedom of speech but subjected to the rule making powers of the house. This restriction on freedom coupled with verbatim recording of such observations have protected the interest of such affected parties to seek remedy if it causes damages to his or her reputation .

Hence I request the government to make necessary law under Art 145 of Constitution of India   to make recording in Supreme court and High courts ,of Judges and Advocates and parties in persons, oral submissions and observations , in verbatim reporting system,or vediorecording as public document as followed in Parliament  

This was made by me as ‘specially mention’ in Indian Parliament Rajya Sabha

               Learning Democracy from India

It is interesting to learn from India which is sincerely practicing democracy for the past 75 years and more. The linguistic States in India with rich cultural and behavioural differences are making many changes of Governments through peaceful process of voting by adult franchise.

When many of Afro- Asian countries are struggling by bloody process for change of rulers, India stands tall in all respects by this democratic process. The elections for State Assembly in Assam, West Bengal, Puduchery, Tamil Nadu and Kerala are having uniqueness in every State specific. 

There are complaints and fear of money power, muscle power, terrorism, fraud, misuse of official machinery etc etc., All these issues are addressed by Representative Peoples Act passed by Parliament and the amendments made by the Parliament whenever the problems are brought to Parliament. Constitution of India has created independent Election Commission of India. The Constitution and law made by Parliament has empowered the Election Commission of India and allows it to formulate rules, regulations and guidelines after due consultation of Executive and stake holders such as Political parties and voters at large.

These accepted rules,regulations,and guidelines are put up in website and printed booklets were distributed to stakeholders. Through frequent interaction with vernacular media these are brought to the knowledge of the people at large.

It is surprising to hear the criticism when it is enforced on the principle of ‘rule of law’. Even then the Election Commission is implementing the ‘rule of law’ through committed officials. We should support the rule of law to save democracy.