LAW RESOURCE INDIA

REPUBLIC DAY MESSAGE OF JUSTICE SHYLENDRA KUMAR

Posted in CONSTITUTION, DEMOCRACY, FUNDAMENTAL RIGHTS, JUDICIAL ACTIVISM, JUDICIAL REFORMS, JUDICIARY, JUSTICE by NNLRJ INDIA on January 27, 2010

NETIZENS AND CITIZENS,

My hearty greetings and good wishes to you all on the occasion of the Nation celebrating 61st Republic Day. A Republic Day is a day for drawing the balance sheet of our country about the successes that we have achieved and the failures that we have suffered during the past sixty years of the functioning of the Republic.A day for introspection. Definitely leaves us in a state of confusion raising doubts in our minds as to whether we have progressed, as to whether we have marched forward or, not progressed, or have remained stagnant, or have we  regressed? I personally feel that while our achievements are far and few, our failures are frequent and many.

In sixty years of functioning of the Republic, if we have not achieved even the goals set for us in the preamble of the Constitution declaring that,

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST

SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity;

and to promote among them all

FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUTENT ASSEMBLY this twenty-sixth day of November, 1949, do

HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

then, in my opinion, it is not a mere failure, but it is a gross failure.Forget about achieving social, economic and political justice through equal distribution of wealth and power amongst citizens and assuring freedom in thought, expression, belief, faith and worship in providing equal status and opportunities to all and in promoting brotherhood, humane relationships and offering a dignified life to the people and integrating the nation through unity,but on the other hand, we have not been able to provide even the basic necessities such as adequate food, clothing and shelter to all citizens of our country.

There is no genuine freedom of expression as even the media the biggest educator and moulder of public opinion, the print media, the visual media and  voice media which are the greatest tools and means of moulding and creating public opinion, have all been taken over by vested interest, do not remain neutral or objective, but are corrupted and biased. One sided views and many a times distorted versions are fed to the readers, viewers and the listeners.

The governing systems have thoroughly and miserably failed.

A weekly news magazine in it’s special issue on the occasion of our Republic turning 60, featured on it’s cover, a full page photo of Dr.B.R.Ambedkar, who was the chairman of the drafting committee, of the constitution with the teaser “Have we failed AMBEDKAR?”

I say we have failed ourselves.  I say, we have failed every leader/freedom fighter of our country who without a second thought sacrificed their time, livelihood, comforts, property, their limbs and even their lives for securing freedom for our people, by liberating our country from the yoke of foreign rule.

We are losing our values, we are mortgaging our country and interest of the people to the dictates of the developed countries.A hard fought independence achieved by the great sacrifice of millions of our countrymen during the freedom struggle is being frittered away for the private gains of political leaders and political parties.

The checks and balances envisaged in our Constitutional scheme for an orderly, disciplined welfare governance of the people and the society are being forgotten and each organ of the State is vying with the other to grab or make inroads into the powers and functions of other organs of the State.

A vocal and aggressive Executive Government is attempting to regulate and takeover Judiciary even by corrupting the Judiciary.  An inept and corrupt Judiciary is playing second fiddle to the Executive.  It is only the legislature albeit corrupt, rudderless and inefficient, has nevertheless on an occasion or two, has adhered to its assigned role, has occasionally flashed sparks of brilliance by competent performances, is holding out a ray of hope!

Though all three organs of the State have miserably failed in playing their respective roles, the real hope and strength, is emanating from the goodness of the common man of the country, the right values the common man of the country has, a nascent, intrinsic perception of rights and wrongs,  which is imbedded in the psyche of every citizen of this country, that sustains an optimist like me.

I have full faith in all of you, in the tremendous response you have been showing to all right moves and frowning upon all wrong moves and disapproving them. There are good, competent, brilliant persons serving in all three organs of the State. Persons who are dependable, persons who are capable of competent performance and play their role very correctly, to the hilt, persons who can deliver goods and take our country to great heights are in good number.  Only they are all either not properly organized or not visible.

Unfortunately, quality and goodness is rarely highlighted in the media, but crookedness, wickedness, heinous crimes, scandals, violations of human rights hogs limelight. It is necessary to project and spread information about the right things and goodness also, so that we do not become pessimists.

I am of the opinion that amongst the three organs of the State, Judiciary has to take the major share of the blame, as the Judiciary by not being alright and upright by itself, has failed to check and keep the other two organs of the State in control and in the right mode. I am sure we will see better days. With your awareness and right responses and with spreading the message for doing right things, I am sure things will definitely improve for our country and our people. However, the mistakes, the failures and the blunders that we have already committed call for correction and remedial measures. I deem it, it is part of my duty to strive for it and I assure all of you that I will not relent in performing my duty.

With my good wishes to all of you.

Long live the Indian Republic.

(D V SHYLENDRA KUMAR)

Judge, High Court of Karnataka

Bangalore

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