Tuesday 21 August 2012

JUDICIARY V/S LEGISLATURE AND EXECUTIVES


If we have to make tea all gradients should be in proper ratio and should give their effects without interfering each other and if a single gradient for example sugar is more than its requirement then it will overshadow the effects of others and we cant enjoy that tea and from my point of view the same is for the CONSTITUTION. The three pillars of constitution are THE LEGISLATURE, THE EXECUTIVES AND THE JUDICIARY. Constitution or we can say a nation can work better when three of them work in a balance harmony. They should respect each other and work in a balance way to create a bonhomie condition for sustainable growth. The legislature give us rights and make laws and policy, the executives implement these laws and policies and the judiciary give us protection in case of any flaw against our rights and provide a proper grievance redress mechanism.
           The position of judiciary is more important as a protector and also the judiciary, is the only one of the three, is empowered to declare the limits of jurisdiction of all three organs.Unlike legislature it can take straight decision without considering wish of people or any group, sometime this goes against it, but this help it in taking straight decisions in welfare of society and for protection of rights and in case of grievance redressal. But there should we some limits so that these powers should not interfere in a negative way.
            Sometime judiciary crosses its limits and stand just apposite to the legislature and the executives. Judicial interference is going to be more and more day by day and sometimes the helplessness of the government in multy parties support system or lack of effectiveness of the executives or flaws of the system like corruption or lack of decision making due to multiple factors like cast, race or communities or due to some international pressure make judiciary to become more prominent.
            Some facts should be concern before interfering in legislative decisions or day to day exercise that if judiciary is failed to perform effectively in some areas should the legislature or the executive then take over the judicial functions? Or has judiciary those expertise or the resources that it can perform the functions or the legislature and the executives? And most importantly judiciary is not a representative body or and any democratic body.
             I am not in against of judicial intervention but just want to say that the balance of power, respect and a proper harmony is must for proper functioning of any structure. There should be interaction and coordination not the interference in day to day exercise or decisions.

2 comments:

Anonymous said...

nice but looking like your first attempt

Anonymous said...

nice but looking like your first attempt