Why Jurors and NOT judges should "interpret" the law-drafts and the Constitution during a case
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Many moons ago, there was a Sethji
smile emoticon wealthy man) in a village. His most expensive possession was s diamond necklace worth Rs 9 crore.
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One day, there were heavy rains in the village. The water level kept rising and rising. Everyone climbed on the roof of their houses. But water level still kept rising and reached the roofs. It became apparent that whole village would soon sink in rising waters.
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The Sethji annouced loudly "oh God !!! if you stop the rain, I will sell my diamond necklace and donate all proceeds from necklace to the poor" !!
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And suddenly , the rain stopped , and water receded.
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Now Sethji was in fix. He didnt want to give away that much wealth. But he had to keep promise.
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Next day Sethji said "I want to sell my necklace for Rs 100 and this copper plate for Rs 9 cror, and I want to sell both thing to same person at same time". Everyone said "why bother --- as long wealth gets donated we are all fine". A buyer came and said "see, I will but the necklace for Rs 9 crore and this copper plate has no value for me". But Sethji insisted that both things would be sold to same person for the stated price --- Rs 9 crore for the cooper plate and Rs 100 for the diamond necklace. Finally, buyer thought --- what difference does it make !!! And he bought the copper plate and paid Rs 9 crore and bought diamond necklace for Rs 100.
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The Sethji then announced --- "see , I had promised that all money I get from selling diamond necklace will be donated to poor. But I got only Rs 100 from selling the diamond necklace. And Rs 9 crore has come from selling the copper plate. So I will donate this Rs 100 only to the poor !!!".
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(copyright --- Acharya Rajneesh)
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So moral of the story is --- interpretation , application and execution of the clauses of the law-drafts are more important than mere statements written on piece of paper aka Constitution or law-drafts.
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It is well known that compared to Jurors , the judges are far far more corrupt, nepotic, nexused,. promotion hungry, afraid of paidmedia, afraid of transfers / suspension etc and so they would try their best to twist the interpretation that will maximize their benefits and minimize his losses.
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Now all Indian intellectuals = budheejeevis = disintellectuals = ku-budheejeevis are murtipujaks i.e. nyaya-murtipujaks. i.e. judge-worshippers. .
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The Indian budheejeevi = intellectuals or ku-budheejeevies or dis-intellectuals claim that judges are "institution" and so judges can never be corrupt, nepotic, nexused, promotion-hungry, suspension-fearing, paidmedia-fearing etc etc. This is all nonsense. The disintelletuals have relatives in judiciary and so they peddle this nonsense.
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So if judges are allowed to interprete , execute and apply the law, they will twist the interpretation to suit the interest of elitemen who sponsor the judges.
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This was said long back, by Mahatma Thomas Jefferson . Mahatma Thomas Jefferson said " The Constitution on this hypothesis (*) is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please." --Thomas Jefferson , 1819
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(*) - This hypothesis means --- Sipreme Court judges will be final authority in interpretation of constitution.
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The full quote is "In denying the right [the Supreme Court usurps] of exclusively explaining the Constitution, I go further than [others] do, if I understand rightly [this] quotation from the Federalist of an opinion that 'the judiciary is the last resort in relation to the other departments of the government, but not in relation to the rights of the parties to the compact under which the judiciary is derived.' If this opinion be sound, then indeed is our Constitution a complete felo de se [act of suicide]. For intending to establish three departments, coordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the others, and to that one, too, which is unelected by and independent of the nation. For experience has already shown that the impeachment it has provided is not even a scare-crow... The Constitution on this hypothesis is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please." --Thomas Jefferson 1819
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So in the Jury System law-draft I have proposed, the Jurirs and ONLY the Jurors interpret , apply and execute the law-draft as well as the Constitution.
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If you want JurySys in India, then please send following URL to MP as order via SMS " Dear MP , I order you to print following law-draft in Gazette ----
https://www.facebook.com/mehtarahulc/posts/10152258909086922 After sending the SMS, pls post SMS on twitter / FB.
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To know why SMS to MP are must, and emails / tweets / FB without SMS are useless, pls see ---
https://www.facebook.com/notes/10151190606916922