யார் செத்தால் என்ன, யார் அழுதால் என்ன, நான் வெள்ளைக்காரன் காலத்திலேயே "ஹாய்"யாக வாழ்வேன் என்று அடம் பிடிக்கிறது இந்திய நீதித்துரை.
கோடை காலத்தில் வெள்ளைக்காரப் பிரபுக்கள் "ஹாய்"யா ஒரு மாசம் ஒண்ணரை மாசம் லீவு எடுத்துகிட்டு போயிடுவாஙக...முக்கால்வாசி கோர்டுக்கு பூட்டு தான் ... இந்தியர்கள் செத்தாலென்ன வாழ்ந்தாஎன்ன வெள்ளைக்காரப் பிரபுக்களுக்கு ??
இப்ப ... வெள்ளைக்காரன் போயி 66 வருஷம் ஆகியும், இந்திய கோர்டுகளில் குளிர் சாதன வசதி அமைத்தும் கூட நம்ம இந்திய நீதிதுறை 1 மாச கோடை விடுமுரையில போயிடிச்சு ... பாவம் இங்வங்களுக்கும் வெய்யிலா இருக்காதா என்ன ?
PIL filed in Madras high court questioning its month-long summer leave
TIMES VIEW
Can't afford long breaks
The Public Interest Litigation filed in the Madras high court seeking the court's direction to quash its own month-long summer vacation merits serious consideration. Such long leaves for the judiciary, which is already under considerable strain due to a mountain of backlog cases, are not in keeping with the realities of the courts. According to the law ministry's own admission, there are over three crore cases pending in various courts across the country. In such a scenario, judges can hardly afford to be absent for long stretches of time.
There is no denying that the rationale behind summer vacations for courts has long become redundant. A tradition of the colonial era, British judges would go on leave to cooler climes to beat the scorching Indian summer. However, not only have the British long left, 21st century courtrooms are suitably air-conditioned for optimal performance of judges and advocates. Various committee reports such as that of the Parliamentary Standing Committee on Law and Justice too have questioned the relevance of the colonial vacation system. Maintaining the status quo and leaving arbitration to vacation benches for long periods of time is hardly productive.
For, just like the police, the judiciary is a vital institution of public life that must be active throughout the year. Without a vibrant judiciary functioning at all times, democracy and the rights of the people stand to be eroded by power and corruption. There's certainly a case for hiring more judges, but that in no way controverts the basic argument that the judiciary offers a vital public service that shouldn't be shut down for long periods. Neither is one arguing that judges don't deserve holidays, vacations or study leave. But they shouldn't do it all at the same time. Instead they can do it by rotation, just as in other public services.
COUNTERVIEW
Vacation needed for judiciary
Renuka Bisht
From Australia to Brazil and the UK, a wide variety of countries continue the long-standing practice of bestowing an abundant vacation on their judges. The justification for this practice is equally well-established: these vacation periods give the judges a critical window for catching up on new legislation. Just think about all those leather-bound books we see in popular images of judges' chambers â€" reading them takes time!
Those who jibe that our courts' summer vacation is an out-of-date holdover from the colonial era, have they considered how the burden of expectations has burgeoned over the Indian judiciary since then? It's bad enough that the general tide of human conflicts rushing to the courts' doorsteps for resolution is rising hard and fast. This stew is further topped by all the high-level scandals that the courts seem to have become predominantly responsible for unravelling â€" from Commonwealth Games scams to Coalgate. And then there are all the emerging matters for which there is not much precedent â€" like genetic engineering and freedom of expression in the age of the internet. And this entire churn is taking place against the backdrop of an existential debate over the separation of powers in the Constitution!
For the most part, the judiciary has retained the Indian public's trust when so many other institutions haven't. To handle the plethora of cases, it's the judge-population ratio that needs to change by hiring more judges. But we also know that judges settle for less remuneration than they would get as lawyers. Still we expect that that they will not compromise on knowledge of the law or on its thoroughly even-handed application. Proper preparation for such a judicious disposition takes time and studious investment. Anyway, if we were to get really small-minded about a cost-effective court system, we would have to start calculating overtime for all those hours judges spend on reading evidence files and writing judgments after office hours.
No comments:
Post a Comment