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Have we failed the Constitution?

Page no : 3

Anil Agrawal (Retired)     07 February 2010

 Change it to YTI. Yeh Tera India.

Anil Agrawal (Retired)     09 February 2010

 A bench headed by Chief Justice A P Shah granted more time to 84-year-old Tiwari as he failed to respond to court's notice of January 8. 


It is people like Tiwari who have held such high posts who have failed the Constitution.

Bhartiya No. 1 (Nationalist)     09 February 2010

A person owns 45 acre of precious land, sleeps in footpaths, living at the mercy of others. Has he failed the constitution.

Either constitution is not in consonance with the people or people are not in consonance with constitution.


Gundlapallis (Advocate)     11 February 2010

Constitution failed  people.

Out of every 100 people who take law exams - 27 fail in paper on Constitution !!

People failed Constitution.

Examiners found lots of people who took exam writing answers - who was the father of constitution? Ans: Mahatma Gandhi.  What are fundamental rights? Ans: Rights given only to politicians ! etc etc.  ha ha.


Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     11 February 2010

what is the meaning of "have we failed the constitution?"

literary meaning and it's actual meaning. because everyone making it's meaning in his own way.

Anil Agrawal (Retired)     12 February 2010

 These comments are eye opener. Probity and dignity of judiciary have taken a toss:

A sensitive govt can help reduce litigation: Justice A P Shah

Hours before he retires from the office of Chief Justice of Delhi High Court, TOI caught up with Justice A P Shah. In a free-wheeling interview with Abhinav Garg, the much respected and admired judge was forthright in his views on denial of promotion and judicial corruption. Some excerpts: 

Q. It is a widely-held view that you are a victim of the vagaries of Supreme Court's collegium system of appointments. Do you think it needs reforms? 

Chief Justice Shah: The problem with the present system is there is complete lack of transparency. There is too much secrecy and no reasons are recorded for rejection of a candidate to SC. Either you scrap the collegium system and opt for National Judicial Commission. But I don't see that happening anytime soon, so transparency in the present system of appointments is our best bet against allegations of favouritism. I am not saying you have a public hearing, but at least a candidate must know why he was rejected. Reasons must be recorded. Right now it seems there are no parameters for selection of judges. 

Q.What was your reaction when you came to know that Supreme Court was appealing against a single-judge verdict before your bench? 

It was indeed very unusual. I hadn't expected SC would appeal as the judgement of Justice S Ravindra Bhat was what the RTI Act says and binding nature of resolutions passed by the chief justices' conferences. But we tried our best to deal with the appeal as per law, even if the appellant here was the SC itself. Also, before the judgement came, SC judges had made assets public. 

Q. Delhi HC RTI rules have been aligned with the parent RTI Act under your administration. However, the Central Information Commission and activists have pointed out how the RTI rules of district courts continue to be against the spirit of RTI Act. 

The RTI rules for lower courts will change soon and will be brought into alignment with the Act. I am of the firm belief that transparency helps in functioning of courts. Judges, when they are aware their work is under public glare, are more careful as there is a kind of pressure on them. I have no hesitation in stating that all judges of Delhi HC were in favour of assets declaration. 

Q.You have been a close observer of Delhi and its problems while dealing with PILs. Where do you think the city can improve? 

I often say that if the executive — meaning Delhi government and its officials — is more sensitive in dealing with people, half of the litigation in Delhi HC will disappear. There may be deadlines for Commonwealth Games or urgency to complete a project, but you can't simply trample on the rights of people. For instance, in the case of night shelters, it was a very cruel thing to dispossess poor people from a shelter when the entire city is in the grip of a severe winter. At the same time, I also feel PILs are vastly misused nowadays. 

Q.Do you think corruption exists in judiciary? 

I won't be saying the truth if I say there is no corruption in judiciary. It is a reality and we cannot deny it. Corruption does exist but it is minimal in the superior courts. 

Q. Are you planning any new assignment after retirement? 

Well, I won't be practising after retirement, nor accepting any post. I am a great admirer of Baba Amte, so will be associated with his ashram and would be actively engaged in social work. My experience on the bench has sensitized me to many problems like lack of access to health, mental disability etc and I will be contributing in eradicating these. In my view, every judgement should have a "human touch". 

Q. What reforms were you able to bring into Delhi's judicial system? 

We have already begun the long-drawn process to set up over 250 lower courts to ease pendency of cases. It gives me great satisfaction to say several reforms were initiated in my tenure, like e-courts, mediation centre, arbitration centre and permanent Lok Adalat.


1 Like

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     12 February 2010

Thanks mr agwaral

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