Was Congress as liberal and secular during and before partition? Congress's role in Barbri mosque demolition

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Aupmanyav

Ad Honorem
Jun 2014
5,818
New Delhi, India
It sounds like if one doesn't agree with the fascist Hindutva ideology (of BJP), one is branded a Marxist in India, these days.
Indian supreme court seems to be very interested in removing some medieval practices in both Hinduism and Islam, and modernizing the religions. When it does that to Islam, it is branded anti-Muslim.
No, there are other tribes also, the pseudo-socialists, the Lutyens, the Jholewallahs, the award-returners, who would cry at injustice to Muslims and keep quiet about injustice to Hindus, who would attend the functions organized by American embassy or British High Commission, guzzle the booze and food, talk wisely about the poor in India and return to their homes in their cars to repose in their air-conditioned bedrooms.

The Supreme Court is not partial. Even yesterday, they put off the Sabarimala final decision pointing out that the religions should not be picked up one by one and all practices against women in all religions should be put away with a uniform rule (the Zoroastrians also discriminate against women).

Congress is a political party, it will act in a particular way only if that brings them vote. They are least bothered about any ideology, whether it is breaking locks, putting idols or he temple visits of the heir-apparent during the Karnataka elections and who resigned as the Congress president and scurries unknown destinations for meditation or whatever every month. Seems to have some mental problem. I never needed any such escapades.
 
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Devdas

Ad Honorem
Apr 2015
5,008
India
It sounds like if one doesn't agree with the fascist Hindutva ideology (of BJP), one is branded a Marxist in India, these days.

Indian supreme court seems to be very interested in removing some medieval practices in both Hinduism and Islam, and modernizing the religions. When it does that to Islam, it is branded anti-Muslim.
But it doesn't change the fact there is a group marxists, Marxists/liberals are anti-Christian in the West and they are anti-Hindu in India. India marxists/liberals are quite choosy in targeting one religion, while they are pro-Burqa for Muslims, they see Hindu concept of ghoonghat as the oppression of women.
 

Devdas

Ad Honorem
Apr 2015
5,008
India
Who are you to judge the judges? They gave a unanimous verdict which included the vote of a Muslim judge of long standing.
Kudos to Chief Justice Gogoi for solving the longest running religious dispute in India, its a big thing for our country.
 
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kandal

Ad Honorem
Aug 2015
2,832
USA
Who are you to judge the judges? They gave a unanimous verdict which included the vote of a Muslim judge of long standing.
What is the selection process for an Indian SC judge? Could you provide a quick summary?
 

Aupmanyav

Ad Honorem
Jun 2014
5,818
New Delhi, India
Appointments and the Collegium

As per the constitution, as held by the court in the Three Judges Cases – (1982, 1993, 1998), a judge is appointed to the supreme court by the president on the recommendation of the collegium — a closed group of the Chief Justice of India, the four most senior judges of the court and the senior-most judge hailing from the high court of a prospective appointee. This has resulted in a Memorandum of Procedure being followed, for the appointments.

Judges used to be appointed by the president on the advice of the union cabinet. After 1993 (the Second Judges' Case), no minister, or even the executive collectively, can suggest any names to the president, who ultimately decides on appointing them from a list of names recommended only by the collegium of the judiciary. Simultaneously, as held in that judgment, the executive was given the power to reject a recommended name. However, according to some,[who?] the executive has not been diligent in using this power to reject the names of bad candidates recommended by the judiciary.

The collegium system has come under a fair amount of criticism. In 2015, the parliament passed a law to replace the collegium with a National Judicial Appointments Commission (NJAC). This was struck down as unconstitutional by the supreme court, in the Fourth Judges' Case, as the new system would undermine the independence of the judiciary. Putting the old system of the collegium back, the court invited suggestions, even from the general public, on how to improve the collegium system, broadly along the lines of – setting up an eligibility criteria for appointments, a permanent secretariat to help the collegium sift through material on potential candidates, infusing more transparency into the selection process, grievance redressal and any other suggestion not in these four categories, like transfer of judges. This resulted in the court asking the government and the collegium to finalize the memorandum of procedure incorporating the above.

Once, in 2009, the recommendation for the appointment of a judge of a high court made by the collegium of that court, had come to be challenged in the supreme court. The court held that who could become a judge was a matter of fact, and any person had a right to question it. But who should become a judge was a matter of opinion and could not be questioned. As long as an effective consultation took place within a collegium in arriving at that opinion, the content or material placed before it to form the opinion could not be called for scrutiny in court.

In a most recent case, Government accepted the selection of a High Court Chief Justice as per the recommndation of the Supreme Court Collegium.
 

kandal

Ad Honorem
Aug 2015
2,832
USA
^^ Thanks. So basically the selection is done by the courts themselves.
It sounds like a better system than in USA. Here SC appointments have become so political.
 
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kandal

Ad Honorem
Aug 2015
2,832
USA
india is moving towards majoritarian control given the court verdict instead of evidences favour majority sentiment. This is not how courts work in the world.

regards
Most likely SC came out with the ruling because the Babri mosque issue had been going on for too long, and they sensed that both sides wanted to move on. BJP indicated that no other Hindu religious claims will be supported thus calming the Muslims. I don't believe the evidence clearly supports the Hindu claim, and SC knew that also.
 
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