Prashant Bhushan

Lawyer

1956-10-15

Books by Prashant Bhushan

The case that shook India
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Bofors, the selling of a nation
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Quotes by Prashant Bhushan

There exists a cell of policemen within the Delhi Police which is accountable to no one but itself. Operating without uniforms, these are the dreaded encounters specialists of Delhi.
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The Supreme Court's non-transparent attitude on the disclosure of assets is in line with the judiciary's steadfast refusal to allow any transparency in the matter of appointment of judges, or for that matter, in the judiciary as a whole.
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Not wanting to suffer criticism, the judiciary has used its power of contempt to stifle criticism.
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It does not take much technical knowledge to understand why the interlinking of rivers is an absurd idea and a ruinous project.
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When the entire administration of the state connives with the perpetrators of violence to thwart justice at every step, clearly there is no rule of law in that state.
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Having enjoyed enormous powers, including the power of contempt, without any accountability, the higher judiciary has over the years, trampled the toes of many persons and institutions, particularly the media.
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Though the Income Tax Act obliges even non-residents to pay tax on incomes earned in India, many foreign institutional investors avoided paying taxes citing the Double Taxation Treaty with Mauritius.
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It is argued by our GDP obsessed policy planners that eventually the money being made by the stock market operators or the IT industry would trickle down to the poor farmers in terms of ancillary jobs that would be created. But the fact is, that this has not happened, despite the boom in the stock market and the IT industry.
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It is this obsession with GDP and FDI growth and a facile belief that this growth in the GDP would trickle down to the poor as well, that has led to the neglect of the genuine concerns of the poor in the country.
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How we decide the vexed issue of the method of selection of judges of the Supreme Court and the high courts would determine the future of our democracy and the rule of law in the country. We are faced with the twin problem of selecting the best judges and also ensuring that the judiciary would be insulated from executive interference.
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For any unbiased and realistic enquiry against judges, one needs a full time body, independent of the government as well as of the judiciary, with an investigative machinery under its control, through which it can get complaints investigated.
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The Dinakaran episode has brought to the surface the vexed problem of the arbitrary and totally unsatisfactory manner of selecting and appointing judges as well as the unresolved problem of dealing with complaints of misconduct and corruption against judges.
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The main reasons for the growth and institutionalization of corruption are: a culture of secrecy with lack of transparency, and weak institutions for securing the accountability of public servants, such as the Vigilance bodies, the criminal investigative agencies and the judiciary.
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Joseph Stiglitz was the chief economist of the World Bank for three years till January 2000. Before that he was the chairman of President Clinton's Council of Economic Advisers. No one can speak more authoritatively or with greater inside knowledge about the functioning of the Washington consensus institutions.
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It has always been accepted, even in pronouncements by the Supreme Court that the Court and its judgements can be subjected to strong, even trenchant criticism. Is the same yardstick not available for comments on the use or abuse of the Court's powers of contempt?
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