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> This has been worked out quite successfully in other democracies. No it hasn't. "Who watches the watchmen" is a question as old as time. > position of appoi
by sinyug 5y ago
> This has been worked out quite successfully in other democracies.
No it hasn't. "Who watches the watchmen" is a question as old as time.
> position of appointing judges who are more willing to dance to his tune.
I support that. He should have been more forceful on the NJAC issue and the act should have excluded all judges from the composition of the council. The council should have been composed purely of members of parliament. The funny thing is, every one from the BJP to the TMC has the exact same complaint about "judges appointing judges."[1][2]
Judges encroaching on the territory of parliament isn't something that is unique to India. While it might have started in India when the SC invented the concept of the constitution having a "basic structure," with the Golaknath and Kesavananda Bharati judgments, you can see the same thing happening in the US with Marbury v. Madison within a few years of the establishment of the republic. Like politicians, judges are not immune to the trappings of power.
> India is having its own KKK moment right now.
You are mistaken. We are having a BLM/end-of-apartheid moment right now. The native population that was invaded, raped, plundered, enslaved, forcibly converted to the religion of the invaders, had their places of worship desecrated, destroyed and replaced with those belonging to the god of the invaders, and, after freedom from the British, saw their homeland chopped up into two has finally said: enough is enough.
[1] Two days after the Supreme Court pronounced its verdict on the 99th Constitution Amendment Act and the National Judicial Appointments Commission (NJAC), declaring them to be ultra vires the Constitution, the Finance Minister, Arun Jaitley, said in his blog, “Indian democracy cannot be a tyranny of the unelected and if elected are undermined, democracy itself would be in danger.” (https://www.thehindu.com/opinion/lead/njac-constitutions-will-upheld/article7781047.ece https://www.thehindu.com/opinion/lead/njac-constitutions-wil...)
[2] Sukhendu Sekhar Ray further said, "An opaque system has been adopted in the country where judges appoint judges. Taking advantage of this, the Narendra Modi government is making use of this." (https://www.msn.com/en-in/news/other/bjp-vs-tmc-in-west-bengal-this-time-over-state-bar-council-letter-to-cji/ar-AALxrUK https://www.msn.com/en-in/news/other/bjp-vs-tmc-in-west-beng...)