Should India outsource its Judicial function? | LinkedIn Answers | LinkedIn
Should India outsource its Judicial function?
Since independence there has been a constant assualt on fundamental rights of citizens by the state and the judiciary has been a willing accomplice.
Rent control law...the tenant need not vacate the property, pay revised market rents, decendents can contnue to occupy property after his demise....in effect this law demolishes right to property but courts have upheld it.
Government can acquire property for what it considers public good. Under these pretexts, government aqcuires land from farmers for ordinary economic activity like building factories, residential colonies, market places etc....owner of the land has no choice but accept whatever government or courts deem fair compensation. This law creates internal refugees who get converted from proud, self respecting farmers into slum dwellers.
Ubiquitous land acquisition benefits politicians who collect kickbacks from those alloted low cost land or to build infrastructure for the ever expanding parasitic bureaucracy for their offices and residences in the name of public good.
These are two glaring examples where the judiciary actively misinterprets the spirit of citizens' rights and colludes with the state to deprive people of their fundamental rights.
In case of land acquisition fair approach would be to permit government acquiring land only for roads, railways, ports, airports and defence. Here too land could be taken on long term 99 year lease from farmers and rents could be revised annually to reflect market rates. For all other purposes like factories, markets and colonies, developer would buy at market rates as that is normal economic activity.
Obviously judiciary has no clue about true meaning of freedom, liberty and rights...it may be best to outsource at least the supreme court function to retired judges from older democracies who have these values baked into their DNA....
Else India is well on its way to becoming a banana republic.