THE COLLEGIUM OR THE COMMISSION?

The Collegium or the Commission?

By

J.L. Gupta

The founding fathers had created a judicial pyramid. The subordinate courts were the base. Then the District Courts. The High Courts at the State level. The Supreme Court was placed at the Apex. They also laid down the procedure for selection and appointment of Judges. So far as appointments to the higher judiciary are concerned, the matter was considered by the Supreme Court in ‘Supreme Court Advocates on Record Association vs. UOI’ (1993) 4 SCC 441.

The dictum has been followed. Judges have been selected by the Collegiums and appointed as Judges and Chief Justices in the High Courts and the Supreme Court for  some time now. The scope of interference by the political executive has been reduced to the minimum. Resultantly, criticism from different quarters is understandable. There is talk of setting up a Commission. What is the basic complaint? Will the Commission improve the quality of judges?

No system of selection can be perfect. A fact which deserves mention is that the Constitution itself provides for having the Union and the State Public Service Commissions to make selections for the various Services. The Commissions have been in place. Has the performance been beyond reproach? Have these commissions not been described as the ‘personal service commissions’? The kind of eminent persons, who are proposed to be included in the JAC are usually members of the State and Union Commissions too. Yet, what do we have? Petitions in the Courts alleging all kinds of malpractices. Still more, States have moved petitions, prosecuted Members or Chairmen of the Commissions for different irregularities. Would a similar Commission for Judicial Appointments change everything? Looks unlikely.  

Secondly, State is the single largest litigant in the country. Should a litigant have any say whatsoever in the choice of judges? I think No!

Thirdly, in a democracy, independence of Judiciary is of paramount importance. A fearless and independent Judiciary is a basic feature of the Constitution. It should not be sacrificed at the altar of executives’ ego.

It is believed that the Collegium does not have the mechanism to ‘verify the character and antecedents of Judges.’ I think, it is not so. The Court or/and the Chief Justice can always ask the concerned agencies to do the needful. In certain cases, it has been actually done. I think, the fear is unfounded.

Sometimes, it has been suggested that the Judges indulge in mutual give and take. As a result, some people who should not have become Judges at all even got elevated to the still higher positions and Courts. Assuming it to be correct, can anybody put his hand on his heart and say that as a people, we are impervious to all kinds of political and social influences? Has it never happened that at the highest level the files are held up till the name of a particular person is cleared? Still more, do we not insist upon representation for every caste, creed and Court at every level? In such situations, mediocrity has prevailed over merit. Unfortunate. But is JAC the solution?  No! A rare exception under the Collegium system can become a rule when final word is left with the executive. Are the series of scams and scandals that have taken place in the recent past in India not enough to teach us a lesson about the level of political morality? And then, Judiciary is one institution in India that has delivered. It has performed. We can tinker with it only at our own peril. Let us not do so!

ATTITUDE DETERMINES THE ALTITUDE

“Attitude determines the Altitude”

By

J. L. Gupta

On June 25, 1983, Kapil Dev and his devils played at Lord’s. Against the West Indies. It was the final of the Prudential  World Cup, 1983. Batting first, the Indians were out  in 54.4 overs for 183 runs. However, the Indian team made a determined effort  and put up a good fight. It played to win and scalped all the W.I wickets in 52 overs for a meager 140 runs. Thus, India had won the Prudential CUP.

Three years later, in 1986, India again won at the Lord’s. The credit for this victory was mainly due to the ‘Lord of Lords’ – Dilip Vengsarkar for his unbeaten 126. It may be mentioned that a century at Lords’ has eluded the celebrities like Sunil Gavaskar and Sachin Tendulkar but Vengsarkar has three under his belt. Thus, the epithet.

More than two decades later, in July, 2014, M.S. Dhoni and his men were again at the Lord’s playing the second 5 day Test against the English. Everything was fine. The hosts had the natural advantage of a supportive home crowd and the ground conditions. But Indians fought as a team. Played good cricket. In the first innings, Ajinkya Rahane scored a century which took India to a respectable total of 295 runs from a precarious situation. Then the bowlers bowled well. The fast bowlers bounced, seamed and swung the ball purposefully. In the first innings, the wiry B. Kumar got 6 wickets for 82 runs. In the 2^nd innings Ishant Sharma took seven wickets for 74 runs. All the players contributed their bit. Provided Entertainment to the crowd. The batsmen wielded the willow well. Murli Vijay’s 95 runs were a valuable contribution. Jadeja  scored 68 runs off 57 balls. B. kumar also chipped in with 52 runs. Each player played his part well. At the end, England fell short of an attainable target  of 318 by 95 runs.

M. S. and his mates had the right attitude. They had set their goal. They were intent upon winning. Played as a team.  Fought Valiantly. Gave the game all that they had. At the end, they won. Physically, the English players may seem tall. But on this day, the Indians exhibited confidence and courage. They won and proved taller.

"FROM A DUMMY TO A DYNAMIC LEADER"

“From a Dummy to a Dynamic Leader”

By

J.L. Gupta

An American could justifiably sound apologetic when asked – “How could the oldest democracy in the world have elected Mr. George W. Bush as its President twice?" The same way an Indian could be asked – “How could the largest democracy in the world  have outsourced the office of the Prime Minister to Ms. Sonia Gandhi’s dummy twice?" The Americans had made amends and elected Obama. In the year 2013, the elections were announced in India. The battle-lines were drawn. The BJP’s Prime Ministerial candidate was Mr. Narendra Modi. Mr. Rahul Gandhi was known to be the Congress party’s candidate for the Prime Minister’s office.

One fine morning, Ms. Gandhi’s dummy had suddenly found his lost voice. He, having exhausted every possible way to oust Mr. Modi from the electoral contest, very faithfully predicted that Modi as Prime Minister shall be a disaster for India.

The elections were held as scheduled. The result proved the dummy’s words to be almost prophetic except for a small difference. Mr. Modi got a massive mandate. He was ceremonially installed as India’s PM in the presence of the SAARC leaders. The Congress was almost decimated. So, Mr. Modi’s election proved to be a disaster for the ‘dummy’ and his masters.

As for India, the change appears to be good. It feels nice to see a comparatively young, strong, dynamic leader as the Indian PM. He is active, assertive, always in control and decisive in every matter and move. He leads by example and cannot be run by any remote control. Modi’s moves on the global chess board have been calculated, confident, cool and well-thought over. The reports, thus far, show that he is already making an impact. Sometime back, the UPA MPs were submitting petitions to the US authorities that Mr. Modi should not get the VISA to visit US.  And now, he has been invited by the US President himself. Similarly, the Chinese President Mr. Xi Jinping has met Mr. Modi at the BRICS Summit in Fortaleza and invited him to the APEC meet. This is a meeting for considering the Asia Pacific Economic Cooperation. All clearly symbolic of the change that has already occurred. India has moved from a mere dummy of the dynasty to a dynamic leader as its Prime Minister. The people have rejected Prof. Manmohan Singh, the puppet, and elected a ‘Loh Pursh’ Mr. Narendra Damodran Modi as their Prime Minister to represent them before all the national and inter-national forums.

"JAPAN - AN EXAMPLE TO EMULATE"

“JAPAN - AN EXAMPLE TO EMULATE ”

BY

J.L. GUPTA

During the 2^nd World War the Allies suspected that Nazi Germany was making weapons of mass destruction. To counter, the ‘Manhattan project’ was undertaken. In May 1945, Nazi Germany had lost and surrendered. The focus of the Allies had, accordingly, shifted from Germany to Japan. However, as originally planned the Atomic bombs had not only been designed but actually built too. Thereafter, the time for use and the actual targets were finalized.

On the morning of August 6, 1945, an Atom bomb was dropped over Hiroshima. It brought death, destruction and devastation for the people. Before the country could even recover from the rude shock, on Aug. 9, 1945, the residents of Nagasaki were confronted with a similar disaster.

The bombs and bullets are no respecters of  beauty. They only deface, defile and destroy. There was instantaneous Death of thousands of innocent people. A mass destruction of property in every direction. Total devastation all around. Buildings were decimated into dust. The green turned grey. The blasts left behind armies of the dead; handicapped, injured; persons afflicted with radiation and other problems. The land was rendered uncultivable.

Mercifully, even after the lapse of more than six decades, Japan remains the first and the only country in the world to have faced a nuclear holocaust. And, it must be said to the credit of the Japanese that they did not let the destruction destroy them. They did not bend or bow. They stood together. Firm like a rock. Maintained their dignity as a people. Exhibited a unique and unparalleled sense of national pride. They did not go around with a beggar’s bowl. They sought no help from anyone.  The people performed. They persevered, produced and rose to the pinnacle of glory. The nation sweated. The results have been sweet. It has set an example for the whole world. It is an example of Economic resurrection and rise to a high level of growth despite all kinds of destruction, difficulties and disasters. It will make any people proud. And let us also remember that this is not the solitary instance.

Japan is known to be prone to earthquakes. It has faced not only the man-made but even the natural calamities with an equal aplomb. A comparatively recent event should illustrate. On March 16, 2011 “* an 8.9 magnitude earthquake and tsunami set in motion a chain of disastrous events at the” Fukushima – Daichii nuclear power plant.  The people faced it valiantly. They created no fuss. Made no noise. Maintained absolute dignity and controlled the situation completely. The crises, whether man made or natural are faced by the people with equal equanimity. *(How Nuclear Power Works by Marshal Brian & Robert Lamb) (science.howstuffworks.com/nuclear-power)

As against Japan, India is much bigger in size. Almost ten times. It has all the natural resources. Land, rivers, mines, minerals and mountains. More than a billion pair of hands. Yet, we are one of the poorest in the world. Economically, far behind Japan. Why? Because we have not developed the kind of character, devotion to duty, discipline and work culture that the Japanese have. Otherwise, there can be no explanation for so much poverty in the midst of such plenty.

We need to emulate the fine example set by the brave people of Japan. For our own good! That should prove to be the panacea for most of our problems.

THE WRONGS AND THE REMEDY

    The Wrongs and the Remedy

     By

J.L. Gupta

The Constitution of India inter-alia promises in the Preamble: ‘JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY OF Status and of opportunity.’ A host of other rights have also been guaranteed under the Constitution.

We, the People, even if illiterate are generally aware and conscious of the rights. We demand, enforce and exercise our rights. We agitate on the slightest pretext; burn buses on the flimsiest excuse; destroy public property without any legitimate reason. The people do this despite knowing that they do not have the capacity to make or produce anything. While we assert and exercise our rights, do we ever realize that the Constitution which guarantees Fundamental Rights has also enumerated FUNDAMENTAL  Duties in Part IVA? Do we know or realize that each one of us is amongst others under a duty to:

·      “To uphold and protect the sovereignty, unity and integrity of India;

·        to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, regional or sectional diversities;

·      to denounce practices derogatory to the dignity of women;

·      to value and preserve the rich heritage of our composite culture;

·      to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;

·      to develop scientific temper, humanism and the spirit of inquiry and reform;

·      TO SAFEGUARD PUBLIC PROPERTY and to ABJURE VIOLENCE;

·      TO STRIVE TOWARDS EXCELLENCE IN ALL SPHERES OF INDIVIDUAL & COLLECTIVE ACTIVITY SO THAT THE NATION CONSTANTLY RISES TO HIGHER LEVELS OF ENDEAVOUR AND ACHIEVEMENT;

The factual position appears to be:

1.     A majority of us are not even aware of the existence of Part IV A of the Constitution that enumerates the Fundamental Duties;

2.     Mostly, many of us act contrary to the constitutional mandate. In fact, we Violate it without any compunction;

3.     We seldom strive towards excellence. A majority of us have not yet developed a sense of individual or national pride;

4.     We complain that there is no reward for hard & honest work.

What should be done?

1.     We must change our approach and attitude. We must remember that every ‘duty is like a debt. It must be discharged without delay or demur.’ The rule is ‘deserve before you desire.’

2.     Secondly, doing the duty to the best of one’s ability carries a reward in itself. It gives inner confidence as well as satisfaction. He who does his duty carries a clear conscience to bed every night. Sleeps like a log of wood. Stress or blood pressure never bother him. People might say- he is sweet. But the medico would seldom diagnose him as being diabetic.

3.     The colleagues in the office or wherever he works may not openly say so but they really respect him at heart.

4.     It is wrong not to perform our duties. It is equally wrong to assert rights without performing the duties. We are committing two wrongs. We must change if we want to rise. Let us resolve to do our duty to the best of our ability. The wrongs shall be set right. India and the Indians will automatically change.