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HC judge bats for pro-young judiciary

Source : BUSINESS_STANDARD
Last Updated: Sat, Dec 01, 2012 18:40 hrs

Justice D Y Chandrachud of the Bombay High Court on Saturday made a strong case for the country’s judiciary to become more efficient and responsive towards the aspirations of young Indians.

"By and large, the judiciary has lived up to its reputation of being the bastion and defender of the Constitution. Now is the need to more efficient and responsive to the aspirations of young Indians,” said Chandrachud in his address on a seminar on "Federalism -The Indian Experience", organised by Excellence Enablers Pvt Ltd. Chandrachud, however, expressed his opposition for an elected judiciary in the country. "It is not feasible. Judges are responsible and accountable to the Constitution of India and cannot be accountable for electorates of certain constituency.

He also referred to two major judgements comprising the State of Rajasthan vs Union of India and SR Bommai wherein the Supreme Court had put in place a lot of safeguards to avoid misuse of article 356.

Damodaran, founder of Excellent Enablers Pvt Ltd, shared Chandrachud's views saying the Indian judiciary needs to be faster in delivery of judgements, especially to respond to the aspirations of young India. The young India is impatient and if impatience leads to intolerance then it is not a positive sign," he added. On the state of Indian federation and federalism in the contemporary scenario, Damodaran said the Constitution holds us together at a time when the country is poised for moving centre stage in a world of full challenges.

G Mohan Gopal, director, Rajiv Gandhi Institute of Contemporary Studies mooted the concept of elected judiciary especially when Indian federation is both devolutionary and revolutionary.

Gopal Krishna Pillai, former union home secretary said terrorism, inter state crimes, cyber crimes would need to be addressed jointly by the Centre and states. "Inter state council, zonal council need to meet regularly to address these issues collectively," he opined.

According to Pillai, issues of states situated at the international borders would have to be taken up on a priority basis especially when the foreign policy is in the Central list.

Haseeb A Drabu, former economic adviser, Jammu & Kashmir government said India's federal structure has changed from coercive to competitive to now bargaining one. "Economic reforms led to resurgence of states who are becoming more and more protective," he noted.




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