The Indian Supreme Court has deplored the tendency of its courts to rule on petty issues such as rickshaw overcharging and unauthorised schools, saying that the judges should not try to run the government.
Dawn News reported on Monday that a two-member bench said during a judgement that it had come across cases where judges are trying to perform executive or legislative functions. The bench said judges cannot cross their limits and try to take over functions belonging to other organs of state in the name of judicial activism.
Now isn’t that interesting… comments?
ayseha thats india,the biggest democracy in the world,bigger than america.u can’t even compare pakistan with them.they are way ahead of us in every walk of life.lok at their economy and compare it with ours we are selling our industries to increase our reserves while they are buyin like crazy.their rules are not only for the judges but also for the army, no one in india can interfere with their political setup unlike ours.and pls pakistanis should stop lookin at wats happening in india.we are our own nation.does it affect us in any way if the indian army takes over their parliment or their lawyers as such.pakistanis should be more concerned with wats happening inside of pakistan.pls pakis pik up the good thing from indians as they have soo much to teach us not just bipasha and john.get their work ethics if u can coz we really lack them.
Comment by dr murtaza khan afridi — December 11, 2007 @ 6:04 pm |
ok..so Murtaza… just take the judiciary… do you think that’s an example Pakistan should follow as far as the judiciary is concerned? yes yes…we know about the army… blah blah blah…but do you think the above example is one for our judiciary to take under consideration and may help the democratic process? And pleae don’t misunderstand me… just because its India is not the reason its on my web log… I think you should know me better by now..if the same thing had happened in Venezuela… I would have posted it up there…just thought it was an interesting perspective… so… yes…no?
Comment by ayeshahalam — December 11, 2007 @ 6:08 pm |
Corruption is a part and parcel of the Indian Sysem despite India being a hot shot democracy. People like Narendra Singh Modi are free to contest elections and do what ever they inspite if his involvement in Gujarat genocide . But poor actors like Sanjay Dutt are facing charges n jail time just for something that took place ages ago.
You call it democracy or justice
????
Comment by aMmAr — December 11, 2007 @ 11:32 pm |
Now we all know that the Indian government takes into account the social and international repercussions of (most) of its actions. Maybe they are learning from a mistake of a neighbour? Taking care of the situation before it gets out of hand? Who knows.
Comment by destogate — December 12, 2007 @ 12:22 am |
Comment by ayeshahalam — December 12, 2007 @ 4:43 am |
Or, you could call me Tabish
and Thank you.
Comment by destogate — December 12, 2007 @ 11:24 am |
hey ayeshah,
Granted that Judicial “activism” is bad, should we not also bring into the perspective autocratic rule by the executive? Maintaining a sustainable system of checks and balances between the different organs of the government is one of the most tricky things even in the best of democracies. Here I would quote the example of the actions of the US supreme court in Bush vs Gore 2000. Though the court declined to give a judgment, the de facto effect was similar i.e. that the election of the US president was decided by a judicial ruling. The point being that in a dysfunctional “democracy” like Pakistan.. can there be a viable system of checks and balances?
Even more importantly, the question that we have to ask ourselves is : Why did India become a viable relatively liberal democracy, while Pakistan has lurched from one crisis to another? And no, being vegetarians did not make them better suited to democracy
lol
Cheers,
Niazi
Comment by Niazi — December 26, 2007 @ 11:27 am |
I think thats where CJ Iftikhar Chaudhry went wrong…
even its traffic jam..supreme court take notice… (for god sake its not your job)
Comment by mystic — January 1, 2008 @ 6:09 am |
I think where our Chief Justice went seriously wrong was, when he chose to ignore the thousands of cases in backlog in the courts and take suo motto action on everything under the sun. Dilapidated as our utilities and services are, one cannot just make everyone accountable for every single day at work immediately! Case in point, imagine if the supreme court were to keep a special tribunal questioning the KESC on what is causing our power shortage. So every time the lights go out they have to run and explain to the apex court, what happened. Then they have to run to come on talk shows and say sorry. This may all be a great Utopian existence but it is not how a bloody nation riddled with corruption and carrying the past baggage of 50 yrs of mistakes is run! Change can be brought about, but at a pace suitable to the situation! Obviously there was more at play here then just his good intentions.
P.S ( India would not make the mistakes we have, that is why they are where they are today)
Comment by faisalk — January 10, 2008 @ 12:05 am |
[...] First, we need a gentle reminder: Pakistan was a country founded amidst war, and since then, has been at war with itself. It is a young, struggling country. Reforms happen. For the greater good of the country, sacrifices need to be made. Changes need to be made. Lets take a hint from India, who took a hint from us and warned its judiciary to not try to run the country. A free and independent judiciary is key in strengthening the ideology of human and free speech independence and rights, however, when a judicial system starts crossing it’s boundaries, there’s bound to be chaos. The ex CJ has been disposed of and that’s that (The article by Ayeshah Alam may be found here). [...]
Pingback by Khans Demonstrating in London Against Musharraf « Design, Photograph, Communicate — January 28, 2008 @ 10:02 am |
Actually, when judge helps for the right thing, it seems to be liked an executive or government.
It is great pont of debate. Because opponent always feel some kind of discrimination, while it is not truth.
Comment by Syed Tayyab Ali — January 29, 2008 @ 11:14 pm |
Dear Ayeshah,
I’m sorry you deleted my comment. I raised some genuine points that I believe you should have responded to. What’s the point of a blog discussion if you only post selective comments? I forgive you!
I am still your friend!
Comment by Stuart — January 6, 2009 @ 9:19 am |