Superiority of Collegium System of Appointment of Judges by the Supreme Court and
Ushering an era (Rama-Krishna Rajya) of
Unanimously Agreeable Fundamental Fairness in Governance

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http://pro-prosperity.com/Superiority-of-Collegium-System-of-Appointment-of-Judges.html

Dr. Sankarshan Acharya
Director, Academy of Unanimously Agreeable Philosophy and Governance

Founder, Pro-Prosperity.Com and Citizens for Development

March 16, 2017

To:       Honorable Prime Minister of India

Cc:       Honorable President of USA, Other Global Leaders, Supreme Court of India as well as other Supreme Courts and every individual seeking civilized coexistence of humanity. 

Please feel free to circulate.

Sub:     Superiority of the Collegium System of Appointment of Judges by the Supreme Court.

Date:   March 16, 2017

I. Alternative Systems of Judicial Appointment

It appears, at first blush, that the elected representatives of people should appoint judges in the judiciary, as opposed to the Indian Supreme Court’s Collegium System of appointment of judges by the SC without interference of Parliament or Prime Minister. 
A thorough analysis based on my first-hand experience shows, however, that the Collegium System has been, indeed, crucial to catalyzing India’s dramatic and unstoppable rise since 2003. 

This memo presents substantive evidence showing that without the Collegium System a Chaiwalla could not have emerged to lead, represent and nurture an aspirational India by transcending artificial divisions of Indians based on caste, religion and language.

The Collegium System certainly needs to be reformed to avert any perception of nepotism, inefficiency and corruption in courts.  But the Collegium System, per se, should be preserved to render justice based on the principle of unanimously agreeable fundamental fairness: by which no one is allowed to usurp others’ wealth, even surreptitiously

The unanimously agreeable principle of fundamental fairness is the only way for civilized co-existence of humanity.  It is the only way to fulfill the intrinsic aspiration of people to persevere for prosperity and freedom, as opposed to remaining indolent and dependent on government-ordained doles distributed in the name of equality.  The system of government-ordained doles is unsustainable in the long-run because it breeds indolence of people (as opposed to perseverance), which ultimately results in ballooning government budget deficit and public debt. 

For civilized co-existence, the humanity must have a singular goal: nurture and fulfill individual aspiration for perseverance, prosperity and freedom.  This goal is attainable only by adopting the principle (philosophy) of unanimously agreeable fundamental fairness in governance.

II. Superiority of Collegium System: Testimony based on Experience

The Collegium System has proved to be superior to the Anglo-American system of appointment of judges by the government, for attainment of the aforestated singular goal of humanity.  I am a living witness to factually testify for this claim under two headings: (II.1) Inefficacy of the system in which the government appoints judges (like in USA and Europe); and (II.2) How the Collegium System catalyzed the rise of aspirational India.

II.1      Inefficacy of government appointing judges

  • First, my paper Constitutional System of Money and Finance (2013)–which was invited by and published in the Journal of Financial Transformation that has 18 Nobel Laureates as authors–proves that the Anglo-American system (rules and policies) of governance is inefficient (leading to decay in competitiveness), unstable (causing social unrest if not civil war), and fundamentally unfair (unconstitutional). 
  • Second, systemic robbery through the Anglo-American system of governance has continued because elected and appointed leaders in the academy, executive, legislature and judiciary have acted in unison to create, preserve and reinforce the self-serving established system of robbery of enterprising wealth creators. 
  • Indian courts would be surprised about how (a) the U.S. Congress could legislate an Act, like the Housing Economic Recovery Act (HERA) in 2008, to legally commit the most heinous heist of mankind involving $5 trillion, (b) HERA could deny robbed citizens their constitutionally-mandated right to sue the government for HERA committing unconstitutional robbery and violating the existing U.S. corporate law, and (c) the U.S. Courts could be intelligently oblivious of the principle of unanimously agreeable fundamental fairness (constitutionality) making HERA unconstitutional. 
  • Acts like HERA have anointed and empowered a few private individuals embedded in the U.S. establishment (academy, legislature, executive and judiciary) - forming the DEEP STATE - to systemically rob, with impunity, public and private properties of citizens by transgressing the constitutional right to property and by breaking the unanimously agreeable principle of fundamental fairness. 
  • Here is a concrete example: U.S. government officials and academic think tanks methodically planned in 2008 to shut down two giant private mortgage financing agencies – Fannie Mae and Freddie Mac that were created to revive the US economy from the Great Depression and are currently holding $5 trillion of mortgage loans made to American households – with three goals: (a) transfer the mortgage lending business to the Robber Barons so that mortgage interest rates could be usuriously set high on the credits–accumulated through systemic robbery–which have been loaded as debt on the robbed enterprising wealth creators, (b) default Fannie and Freddie debt including about $1 trillion of investment by Russia and China made in U.S. government guaranteed bonds issued by Fannie Mae and Freddie Mac, and (c) transfer all Fannie-Freddie private equity as well as an additional $187 billion of public funds to the mega banks run by Robber Barons. 

Only after China threatened (in September 2008) that any default on U.S. government-guaranteed debt would end the international financial system, if not the world, did the U.S. establishment budge: The US then passed HERA-2008 to rob Americans by confiscating $100’s of billions of Fannie-Freddie private equity and $187 billion of additional public funds for mega banks to recover from bankruptcy they all faced at that time. 

The mega banks maintain secret hedge funds for establishment leaders.  That the most powerful mega bank, Goldman Sachs, is indeed Government Sachs was obvious in 2008, when the U.S. establishment converted the bankrupt GS (operating until 2008 as a partnership firm) into a bank holding company to qualify it for borrowing about $300 billion from Federal Reserve at zero interest rate, even after GS had sucked at least $60 billion from a bankrupt AIG which was bailed out with $188 billion of public funds to help fund and save the bankrupt GS.  The U.S. establishment at that time let many other gigantic financial institutions like Lehman Brothers, Bear Stearns and Merrill Lynch fail because these institutions held mortgage backed securities while Goldman Sachs was deeply short in these securities.  GS had artificially created (via short-selling) the mortgage backed securities without actually backing the MBS with real loans.  

The U.S. establishment openly facilitated robbery of every possible repertoire of hard-earned wealth to rescue the bankrupted mega robbers in 2008.  As a result, $13 trillion of hard-earned wealth and 9 million good-paying jobs were destroyed. 

Assuming, rationally, that the established leaders are imbued in the ethos of maximizing their net-worth, the gargantuan heist of 2008 must have been orchestrated to protect and enhance the net-worth of these leaders through laws designed to facilitate systemic robbery with impunity. 

Robber Barons have approached me to build my retirement funds and to appoint me as an expert to testify for them in Congress, government regulatory agencies and courts for very lucrative fees.  I have informed them that no amount of money would induce me to stop propagation of the profound epistemic truth (discovered in selfless research) of Unanimously Agreeable Philosophy and Governance (UAPG).  That I discovered UAPG which happens to be antithetic to the established Anglo-American system of robbery is really incidental.  What is paramount is singular necessity of UAPG for civilized co-existence of humanity. 

  • I have informed you earlier about how the established leaders failed to dissuade me from propagation of UAPG.  I have also informed you how, as a result, they might have used their Indian counterparts in 2012 to raid my Bhanjanagar Research Center multiple times by using about fifty heavily-armed CRPF Jawans.  The goal of the raid obviously was to physically harass/harm me.  Had I been in my Bhanjanagar Research Center at the time of their raids, I might have been taken down (through an encounter?) with fictitiously planted evidence. 
  • My experience since childhood shows that anyone-no matter how mighty the force is like the established Congress Party in India or the Democratic Party in USA-who has tried to block my pursuit for unanimously agreeable epistemic truth has invariably fallen.  UAPG must have been ingrained in me since childhood to embark on decades of selfless contemporary professional research through a rational, dynamic general equilibrium model of the economy.  No lure or threat could dissuade me from this selfless pursuit for discovery and propagation of UAPG. 
  • Intrinsically, I have never been inimical towards even those who have considered me as their arch enemy.  My pursuit for UAPG must have jolted the establishment steeped in systemic robbery.   The established leaders must have considered me as their arch enemy.  Leaking of establishment shenanigans like wiretapping and monitoring of citizens - by some Russians and Chinese or by Julian Assange of Wikileaks or by an American, Ed Snowden - is almost insignificant, as compared to my gargantuan, unprecedented, credible hacking and leaking of the truth about how the establishment uses various Acts to systemically rob enterprising wealth creators with impunity.  An establishment that is visibly angry and furious to prosecute and punish the relatively insignificant hackers-leakers like Snowden or Assange must be simmering within to disembowel and extinguish me if it could.  But the establishment does not have any rule of law to prosecute someone who has broken no law and is rather propagating his rational (unprejudiced) research discovery on UAPG consistent with the constitution.  The author-messenger of UAPG could be physically eliminated by only surreptitious means (such as raiding his premises to plant fictitious incriminating evidence to orchestrate his arrest and prosecution in embedded courts).  But doing so will be futile because UAPG has been spreading all over the world, notwithstanding all forms of blockage by the powerful establishment.  UAPG could not be vanquished.  UAPG has triumphed.  Triumph of UAPG is not an accident. 
  • Triumph of UAPG has been possible due to a deliberate, nonviolent, constitutional and winnable supper-efficient strategy of its author-messenger.   I have done so ultra-efficiently with barely 20% income of each anointed-established pundit of systemic robbery that has failed according to the finding of the U.S. Congressional Financial Crisis Inquiry Commission, published in January 2011.  The establishment has squandered colossal financial and intelligent human resources by funding and anointing numerous pundits of systemic robbery who failed to suppress UAPG.  
  • Neither the anointed pundits of systemic robbery nor the heavily funded journals and media they control have published anything on such profoundly important research as UAPG needed for civilized co-existence of humanity.  Their attempts to block my career by not publishing my research in their journals has made me the sole invincible author-messenger of UAPG. 
  • More important for the establishment leaders is that UAPG is the only way available to them to serve their best interest (of own survival) in an era in which the established rules of systemic robbery have been thoroughly exposed by the author-messenger of UAPG, and, hence, known and understood by We the People who are the penultimate supreme power on earth.

II.2      How the Collegium System catalyzed the Rise of Aspirational India    

Public Interest Litigations (PILs) have helped redress many arduous problems regarding justice and fundamental fairness in India.  India without the PILs could not have risen with a Chaiwalla at the helm rekindling and representing the aspirations of people willing to persevere and prosper by transcending divisions based on religion, caste and language, as indicated in the 2014 and 2017 polls.  Here is a gist of my experience to testify for this claim: 

  • After I knew that the Supreme Court did not consider the most important PIL, ever filed in the SC (that was submitted by me through FedEx), I met the (just retired) Honorable SC Chief Justice at his residence.  I was surprised that the CJ allowed a ‘stranger’ to meet him.  I was also taken aback by his kind hospitality with sweets and tea.  It felt as if he treated me like a known friend.  The most surprising of all was how a well-trained and experienced lawyer-judge of the highest caliber in India could empathize with a legally-untrained PIL activist’s argument for why the SC should transcend its tacit historical norm of not entertaining any PIL on executive-legislative acts and policies.  I left the meeting with one request that he forward, if he deemed right, my arguments to other sitting and retired SC justices appointed through the Collegium System. 
  • After numerous circulation of my missives since 2006, the Indian SC started rendering theretofore-unprecedented verdicts against (a) government policy-based seizure of farmlands for residential and commercial development by private contractors, (b) distribution of coal and spectrum among crony capitalists without publicly transparent auctions, etc. 
  • The unprecedented SC verdicts gave rise to “India Against Corruption” under the selfless credible corruption fighter, Mr. Anna Hazare.  I could, as a result, convince the Rastriya Swayamsevak Sangh (RSS) president, Dr. Mohan Bhagwat, by citing my prior successful communication with PM Vajpayee since 2003, to nominate the then Gujarat Chief Minister Mr. Narendra Modi as BJP’s PM candidate; it was at a time when BJP was publicly dead-opposed to nominate Mr. Modi to lead the party in the 2014 Lok Sabha election; the senior BJP leaders were naturally claiming the mantle leadership of BJP and, so, were opposed Mr. Modi.  The RSS weighted on senior BJP leaders to choose Mr. Modi as the PM nominee to campaign for the general Lok Sabha election.  This choice was made within about a week of my memo to RSS President. 
  • The monumental step of choosing a political leader like Mr. Modi (who after the 2017 Indian state elections is construed by even the opposition as a nonpareil and peerless in the history of India) would have been impossible without the Collegium System of choosing fair-minded judges. Government-appointed judges would have almost surely sided with the party that appointed them, especially on the mega issue of jurisprudence like the SC evaluating constitutionality of policies approved by executive and legislature branches of the government. 
  • The aspirations of Indians to persevere for prosperity by transcending caste, language and religion could not be possible if the Indian courts sided with legislative acts and executive policies like their counterparts in USA and Europe.
  • Public Interest Litigations against Prime Minister Modi’s demonetization move mounted in Supreme Court after November 8, 2016.  The logic of PIL litigants, as publicized in popular news media, was that the values imprinted in rupee notes were unconditionally guaranteed by the Reserve Bank of India, directly, and by the Parliament (which has created the RBI through an Act), indirectly.  The notes do not specify any condition like how they were acquired by their holders for fulfillment of the RBI guarantee.  The public interest litigants argued, therefore, that withdrawing this unconditional guarantee by the RBI was unconstitutional.
  • I had promptly argued then that your demonetization policy was unanimously agreeable, rational and fundamentally fair.  I presented my arguments in a memo to you with copies circulated to the Supreme Court, President, state Chief Ministers, and heads of many news organizations.  I pleaded how the demonetization move was consistent with the SC’s principle of unanimously agreeable fundamental fairness. 
  • My argument for demonetization, simply, is that any illegitimate acquisition of rupee notes is fundamentally unfair and unconstitutional and that illegitimate holders of rupees cannot claim RBI’s guarantee, constitutionally. 
  • I did not hear anything about the anti-demonitization PILs after circulation of my memo arguing about constitutionality of demonetization based on the SC’s guiding principle of unanimously agreeable fundamental fairness.  It seems the SC, accordingly, decided to not consider any PIL against demonetization. 
  • If the SC judges were appointed by the previous government, they would have likely been driven by politics to vote for unconstitutionality of your policy of demonetization.  Such judicial verdict would have been just like the votes of Obama-appointed judges on February 20, 2017 in favor of systemic robbery facilitated by Obama Administration’s 2012 rule to sweep to the Treasury all profits of two private enterprises, Fannie Mae and Freddie Mac. 
  • Replacement of SC Collegium with the Anglo-American system of government appointment of judges would have illegalized your demonetization policy and shelved (perhaps eternally) the overwhelming intrinsic aspiration of Indians willing to persevere for prosperity as revealed in the recent state elections under your leadership.

III. Conclusions:

  • Your engagement with USA or the rest of the world should be based on one and only one mantra: to supplant the established system of robbery with UAPG. 
  • When the Chinese seek India’s cooperation on sustainable international financial order, they perhaps mean UAPG, judging from numerous downloads of UAPG writings at pro-prosperity.com from Beijing, China.  The Shanghai Cooperation Organization’s economics wing in March 2015 extended an honorable invitation to me by bearing my expenses to lead discussion on international financial cooperation.  Within a few hours of that invitation, I received an email from US First Lady Mrs. Michelle Obama with a subject “you and Barack should meet.”  I did not immediately respond to that email.   I was promptly reminded within a few hours that it was a personal email from Michelle expecting a response.  The ulterior goal of that email seemed to be to induce me to be a Democrat and to dissuade me from cooperating with China's SCO-Economics.  I emailed to Michelle, but she did not respond again, to set up a meeting with the President with an explicit agenda without requiring me to be a Democrat.  I did not attend the SCO-economics conference, but wrote to the Chinese president about how UAPG is the only basis of international financial cooperation
  • My letter to US President Obama in November 2013 about UAPG being the only viable basis of Indo-US relationship must have been taken very seriously by the Obama Administration and its associated private agents: (a) Government Sachs promptly MODI-fied its views on investment in India (from deeply negative to very positive) and (b) the then US Ambassador was asked to resign promptly for failing to see the Modi-wave which is actually the aspirational tide of persevering Indians. 
  • My very first letter to Mr. Donald Trump (when he was still struggling to defeat his Republican party rivals in the primaries) saw a prompt rejoinder from the Obama Administration in which the National Science Foundation and Treasury Department solicited a white paper to fund my research.  I submitted a white paper with a condition that I would accept funding only if the triumphant author-messenger of UAPG is recognized for such research and compensated at one dollar more than the established pundits of systemic robbery who have all failed according to US Congressional Financial Crisis Inquiry Commission.  The Obama Administration could not meet my condition for me to accept any funding of my research.  The Democrats badly lost the ensuing election.  More importantly, however, the Democrats feared dismantling of the established order by Mr. Trump and the only way the Trump Administration can dismantle the established system is UAPG.  The fear of DEEP STATE for Trump Administration must be, therefore, predicated on President Trump expressing to supplant the established system with UAPG. This is a credible fear because Mr. Trump has (a) campaigned for reinstatement of the Glass-Steagall Act's provision for separation between investment banking and commercial banking (which was repealed in 2000), and (a) furiously advertised to eliminate the established system characterized by Goldman Sachs as the villain. [Actually, the villain is the established system of governance that advantage GS and its ilk, not the individuals running such financial institutions.]
  • Mr. Trump perhaps furiously campaigned against the established system by heeding to my memo of October 10, 2016 (which I sent to neutralize the locker-room-talks video released by the DEEP STATE), which reminded him about the only winning strategy: replacing the established system with UAPG. This must have unnerved the DEEP STATE to wiretap the Trump Team by obtaining a FISA warrant on October 16, 2016, as per news reports published in prestigious media like the New York Times.
  • Assuming the current US Administration's tacit support for UAPG, the choice for the world is clear: accept UAPG as the only viable basis of relationship for civilized co-existence of humanity.
  • The US Congress should, indeed, investigate the massive detrimental effect on the American economy due to Robber Barons’ funding of elections for perpetuation of the established system of robbery, as opposed to, for example, Russia ‘sabotaging’ a Robber-Baron-funded candidate’s election prospect. 
  • The US Congress should wisely recognize inevitability of UAPG almost surely eviscerating all unconstitutionally usurped wealth everywhere and, therefore, preemptively accept UAPG to supplant the established system. 
  • In any case, India has taken unprecedented steps consistent with UAPG under your leadership.  India should engage with USA and Europe (as well as the rest of the world) based on UAPG which, obviously, subsumes India’s fight against terrorism of all kinds.