Adv – Sikandar Hayat
The aforesaid statement of late Mr Arun jetli if quoted in the context of present Interim order / judgment delivered by the Honble CJI in the Context of Waqf Act does’t apply here, Rather it apply to the Judgement delivered by the then Concerned Judges on Ram Mandir Suit who got benefit after retirement & What benefits were got by them from the Govt everybody knows it.
Per Contra Since the Recent Judgement supra delivered by the CJI does’t not favour to the Present Govt ,therefore the present CJI who is going to be retired on 13/5/2025 is not supposed to get Post retirement benefit from the present Govt about which Mr Jetli Pointed out. Indeed CJI Mr Sanjeev Khanna has founded justice & he deserves admirable.
So far as the laws passed by Parliament are subject to judges interference and SC judges will be appointed by the Supreme court are concerned , the laws are examined ,considered ,deliberated by the Supreme Court in accordance with the provisions enshrined in the Constitution not arbitrarily.
Under Constitution Legislature Executive Judiciary are independent pillars itself of the Democracy.
Legislature (Parliament, State Assembly) elect its President (Adhyax) by the members of those respective legislatures.
Likewise Executive is formed by the legislatures of the winning majoritarian political party.
When both pillar of Democracy elect their president ,Prime Minister, Ministers itself with out interference of Judiciary , then likewise Judiciary , the independent Pillar of the Democracy why can’t elect its judges.
Constitution is Supreme & being the Apex independent body of Judiciary , the Honble Supreme Court is its protector .
On each arbitrary act /action of Executive, the Honble Supreme Court is Empowered to make interference in order to save & protect the Fundamental Rights of the Citizens enshrined in our Constitution and to maintain its sanctity , trust of the countrymen,
Whatever the step is appropriate for the Existence of Ruler of the day’s Authority is branded just & fair Decision,
Same decisions have been in force since the world came into existence but in the present period of Democracy it is the judiciary which protect Citizens ‘s Rights & save their existence . So salute to judiciary. Mr Jetli’s speech is not Relevant in April 2025 .
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