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President’s Message |
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The three important wings of the our country Legislature, Judiciary and Executive had to perform their functions independently within the framework of the Constitution of India. The people of the country have complete faith in the higher judiciary and where the executive fails to perform its function it is judiciary alone which make them to work. The law made by the Legislature have to confirm with the legislative power under the Constitution. The Hon’ble High Courts and the Supreme Court alone are the institutions which can decide the legality and validity of the laws enacted by the State Legislature and the Parliament. Indian Judiciary is among the most independent in the World and it has proved to be the most independent judiciary even during the most critical period. The recent statements by the various authorities regarding the applicability of Right to Information Act to Higher Judiciary has raised a question as to whether the constitutional functionaries of Judiciary should be covered by the R.T.I. Act. Hon’ble the Speaker of Lok Sabha on 21st April, 2008 while having the highest regard for Hon’ble Supreme Court has expressed the view that as a constitutional functionary nothing should be held back from the people except on matters relating to country securities. On 19-4-2008, the CJI had said that his office was not covered under the RTI Act, since it was not applicable to constitutional authorities. Questioning the argument of constitutional offices being out of RTI purview, Hon’ble Som Nath Chatterjee said, "Everything is under the Constitution. The question is whether people are entitled to know. The constitutional provision for their right to know has been recognized by the RTI Act, which was implemented to enforce this right". Even though that there is complete transparency in the functioning of the judiciary in the Western countries but the transparency needs to be enforced in our country also because the people of the country have great faith with the Indian Judiciary. Wherever the executive fails to perform its duties it is judiciary and judiciary alone which has always been proved to be great safeguard for the rights and liabilities of the citizens. With the advent of public interest litigation the judiciary has helped the public at large in respect of every action or inaction of executive authorities which has large scale impact on the public. I hope and trust that the faith and confidence of the citizen of the country should not be shaken by the unnecessary debate in public and the same can be discussed across the table by the authorities concerned. Bharat Ji Agrawal |