Monday, January 5, 2009

Judiciary asserts its primacy

Legal Correspondent
New Delhi: The just-concluded year witnessed a major stand-off between the judiciary and the executive over appointment of judges to the Supreme Court. In the end, the court collegium asserted its primacy, rejecting Prime Minister Manmohan Singh’s request that three names it recommended for elevation be reconsidered.

Following the court’s decision, President Pratibha Patil appointed Justices A.K. Ganguly, R.M. Lodha and H.L. Dattu Supreme Court judges.

The Supreme Court upheld the appointment of Justice Ashok Kumar as judge of the Madras High Court, who was later shifted to the Andhra Pradesh High Court as permanent judge. It held that the Chief Justice of India (CJI) was not bound to consult other judges in the collegium while appointing an additional judge as permanent judge.

To weed out corrupt elements in the subordinate judiciary, the CJI asked the Chief Justices of the High Courts to periodically review the performance of district judges, assess their character and integrity and, if found unsuitable, to compulsorily retire them.
Read more: Judiciary asserts its primacy

Comment: There is need for all ESM Organisations and Leagues to take recourse to Judicial Intervention with regard to redressal of ESM Grieviances especially the Pension Anomalies created by Bureaucrats. The large amounts of funds lying dormant in banks with ESM Leagues' must be judiciously utilised fighting for Justice through the legal framework. The Government's spate of SLP's used as delay tactics must be countered by employing reputed Lawyers to battle our ESM cases. Bureaucrats who cheat the Jawans need to be check- mated, exposed and made accountable through legal means!

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