Judicial behavior has been receiving notice and attention much later in our state compared to any place in the world. Practically, the essence of Democracy has been lost in our state due to the very structural break down of our government system. A pure form of democracy functions on the premise of checks and balances between the Executive, Legislature and Judiciary and if any of this organs of the elements is taken away, “what we have is not a democracy founded by equality and participation but a closed society which than consciously discriminates between people”. The three important organs for the administration of the government are Executive (politicians) the Legislature and the Judicial. If all the organs for the administration are not mutually exclusive from each other, there is not only a functional overlapping but also a personal overlapping. The three formulations of structural classification signify the government power i.e.
• The same person shall not form part of more than one of the three organs of the government.
• One organ of the government shall not interfere with any other organs of the government.
• One organ of the government shall not exercise the functions assigned to any organs.
From the above, it is clear that the duty of the present govt. must at the earliest give way to a Separate and Independent Judiciary in our State. For example, the politicians control all the appointments, transfers and promotions of the Magistrates, ADC Judicial and other judicial officers. It is impossible to expect justice according to the law in the present system. No doubt, it is Constitutional to divide the functions of the Govt. into three classes namely Legislature, Executive and Judicial. It must be understood by all law-abiding citizens that the politicians and other Govt. officials control the delivery of justice than how can we expect justice. For example, how many white collar jobs and Govt. officials have involved in any crimes in our States? NONE….all seems to be living saints!!
The present system of our Government has brought more corruption in power, money, morality etc. and also brought the loss of faith in judiciary system, delay and denial of justice and most of all, a total breakdown of our administrative functions in our state.
K. David, Speaker
T. Lima, President, NSLF
