good article. sir, when in kesavanandabharati , separation of powers are well discussed, when so how Modi talks that if the states do not have BJP governments the central govt will not share central funds to states ruled by opposition parties, when it is clear art 196-201 specifically provide law making powers, and parliament is eclipsed on state lists, why he behaves arbitrary? pls write your views in a separate article - i publish a book on self deception syndrome of politicians in india to be published by notion publishers, chennai.
Judgments should NOT violate the law. This happens in a number of inheritance cases where respondents do NOT appear in court and judgments are pronounced in favour of petitioner. The constitutional position is in my view very simple - "assets of an individual may NOT be given to another". This is specifically in all legacy property cases and in many of them the respondents are constrained to keep away from court and the properties are handed over to petitioner for administration, and as administrator the petitioner now cheats. If the legacy assets are handed over to Asset Management Company for administration then petitioner has no opportunity to cheat. The legal society should look at this aspect and NOT wait for few decades to correct legal errors.
This is from my personal experience recently.
Nice attempt. First of LAW OF PERJURY should be stricter and be enforced. Lies not allowed. Obtaining certified copies of orders is duplication of work and should be minimized. The day the order is pronounced in the court, copies should be available by same or next day. Task force of judges should be made to complete pending cases. Multiple cases of same parties and same cause of action are not merged or remain to be merged for several years. Govt is one of main litigant, it has to re-look. I have been fighting in courts for last 40 years for self and on behalf of my companies( being LL.B and CS). Judges have powers to do many things suo moto but they lack courage. When ever a Judge would fine defendants for delay or absence, the lawyer of plaintiff will pocket fine-amount and if plaintiff pays fine for some reason, the plaintiff has to bear. Lawyers agree initially at one fee and after some time start asking for daily appearance. They have become shameless, thick skinned and are just after money and count how many cases they get ADDITIONALLY AND COMMIT 200 or even more cases and sent their juniors to take date. Departmental e.g. customs and income tax adjudications are most of the times biased in favor revenue collection. Apart from Law. enforcer to be purged.
A GOOD PERSON CAN MAKE BEST OUT OF WORST SYSTEM AND BAD PERSON CAN WORSEN THE A BEST SYSTEM