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Point to think On the debate of

Superiority of Judicial and Executive


There is ongoing conflict between people in judiciary and executive in India. I saw one
wonderful debate in Times Now moderated by Arnab Goswami that included Arun Jaitley
[Finance minister], Soli Sorabjee on one side supporting executive, R.M. Lodha, and Rajeeve
Dhavan supporting judiciary. The debate did not give any conclusion. However, few aspect stood
out to me as an ordinary person and thinker. I am sharing it. Forgive me if am wrong. I am not
an expert in judiciary or executive
The fact that judiciary was instituted above executive means it has superior position. The
question is why then this has become a question of debate. The answer is simple. Because
corruptions has pervaded all institutions ordained to sustain the society. People seem to seek
power and money at all cost. Judiciary and Executive are two pillars of democracy and can be
compared to heart and brain of a living system. These two pillars were constituted to serve the
people. The judiciary signifies vital Power. It can be compared to Pace Maker of Heart or the
involuntary neural system that control the vital functions and in times of danger over rules the
brain. The executive realm is comparable to mind/brain, which similarly has power and
executive functions of the external body. It has independent control over the function of the
external parts and is supposed to work in consultation with realm of the heart. The problem of
superiority comes because the mind and brain also does the work to feed the internal system. It
therefore thinks it is the ultimate. Here we need to bring into mind the fact that judiciary and the
president who is the supreme head of it is paid and sustained by the executive. Executive seems
to forget that it is the sweat of people pays them and judiciary, both are entitled to work for
people.
In our democracy, President appoints all positions of power and administers the oath. President is
administered oath by the chief justice. President is assumed as the seat of Consciousness.
Executive is not in picture. We all know that all oaths are administered in the name of God to
serve humanity. Unquestionably people come first in democracy, next is the judiciary. In our
democracy, executive members elects a president, thus political slavery and favor exists. This I
always felt as serious flaw of our democracy that actually needs debate and correction.
The debate on superiority of Judiciary and executive actually boils down to money and
corruption. All the seats of power have become a hiding place for evil, ego, self and material
centered minds. They have declared themselves as untouchables. They become one when they
need to protect their self and their evil side, they fight when their powers are questioned. Both
resist accountability to people on whose sweat they thrive.

A key point of the debate was the question that executive Arun Jaitely put to R.M Lodha arguing
for superiority of judiciary
if you were a CJI now, will you make collegium records subject to RTI?
The Judge said absolutely. He stood for keeping it open to public. He gave the choice to keep
it open before or after appointment. I would definitely go for keeping it before public before
appointment.
I salute RM Lodha on this point. The executive probably was playing on corrupt side of the
judiciary. The corrupt side of judiciary often comes to discussion before appointment. The choice
is same as what ordinary people and the young comes to face when they stand before the ballot
box. The ardent followers of a political party or a politician are invariably are wrong doers, who
have been benefitted or found favors. This self-centered thinking of humanity over riding justice
and truth is the biggest asset for political minds. Great compromise often take place behind the
closed doors protecting, self-interests. The intelligent evil survives in the process. Thus,
democracy takes deteriorative path mocking democracy.
The mockery of democracy was evident in the smile of the executive in the debate when
moderator questioned the executive - will all the political parties and executive would
yield to be subjected by RTI?
I always felt that people in high places of power should be made accountable. This means
everything should be brought under RTI. Democracy is people centered. Democracy is designed
on feedback process that eventually elicits information. The offices and people in it cannot deny
information to the people whose welfare they were constituted. People are fed up caught in a
vortex of corruption that is strangulating them. Thus one small movement [Anna] initiated by
few created a wave that came very close to toppling all established political parties in India. The
evil intelligent mind executive realm was successful in breaking the movement.
Forgive me if I am wrong. I do not find cause of the deterioration of the society and increase in
corruption to the twin pillars of democracy. I tend to trace it down to institution called religions
to which we blindly exist as slaves. The religion subconsciously rules us. The evil minds in
these institutions are the beginning point of the deterioration. Their ego, self and material
centered thinking is the cause for conflict and deterioration of the society where Truth and
Justice is deteriorating. The world would have been different if they had called attention of the
people to God seated within by which we oath than Gods seated in Temples, Churches and
Mosques. All that they had to do is to help people connect to the consciousness and walk the path
of Truth and Justice. Individuals connected to consciousness, walks the path of Truth and Justice
without any law enforced on them. He lives in peace and spreads peace. He connects to his

family strengthens it. He connects to the society and strengthens it. He will help manifest Golden
Age and Dharma Yuga.
Democracy is taking negative path because we the people become self-centered and material
centered before the ballot box. The Good News is that world is evolving with information era
and people have begun to think, which is making every institutions of the society to introspect.
The information era is making life miserable for evil minds thriving in these institutions. Billions
of eyes are seeing and billions of minds are thinking to analyze the situations of the world and
society of which he is part. The day is not far when people awaken and realizes how self and
his self-centered actions at ballot box is creating a future that is not conducive them and their
own childrens future.

"I, A.B., do swear in the name of God/solemnly affirm that I will faithfully execute the
office of President (or discharge the functions of the President) of India and will to the
best of my ability preserve, protect and defend the Constitution and the law and that I
will devote myself to the service and well-being of the people of India.".
Form of oath or affirmation to be made by the Judges of the Supreme Court and the Comptroller
and Auditor-General of India: I, A.B., having been appointed Chief Justice (or a Judge) of the
Supreme Court of India (or Comptroller and Auditor-General of India) do swear in the name of
God that I will bear true faith and solemnly affirm faith and allegiance to the Constitution of
India as by law established, that I will uphold the sovereignty and integrity of India, that I will
duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of
my office without fear or favour, affection or illwill and that I will uphold the Constitution and
the laws.