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January 21, 2018

The Great Indian 'Law' Story !

                  
                Judiciary as the ‘saviour’ of democracy- a lot of noise is being made on this regard these days. A Nation without a robust judicial system will definitely face mayhem and turmoil. Agreed, Judiciary is one of the most pivotal limbs of democracy, but to bestow upon the guardianship of democracy solely on the Indian Judiciary is something which is not only over- ambitious but also outright ridiculous. Democracy is defined as the Government of the people, by the people and for the people. Judiciary and Democracy should complement each other so that the absolute interests of the state are upheld.
                India has been fortunate enough to have a sturdy judicial system. The efficiency of the courts in India is something which even the world has acknowledged and appreciated. From H.J kania to Deepak Mishra , we have had many CJIs who were renowned for their honesty and professionalism. And being the world’s largest democracy,we,as a nation cannot afford  to have a  half-baked legal system. It also should be remembered that the courts function on public money which necessitates the need of accountability pertaining to their work.Openness in the court procedures and lucidity in decision making can facilitate parity between the nation’s security and the civil rights of the people.
                 Judiciary is widely perceived to be the common man’s last ‘ray of hope’.Infact the responsibilities of the judiciary are many. It not only has to apply and interpret the law as per the constitution and exercise  the rule of the law but also act as a player in state politics.
              Having said that, it is also true that the legal system of the Nation has so many issues plaguing it. The huge back-log of cases and the time-lag which happens between hearing and the final judgement is indeed a stark reality. Also,of late,the courts seem to develop cold-feet when coming to giving judgements pertaining to extremely sensitive issues ala a ‘Babry’ Case or an ‘Abaya’ Case.
            There are many other matters worth pondering on.The country has got enough and more number of ‘attention seekers’ and ‘potential head line grabbers’ who resort to litigations and ‘PIL’ s to achieve social and political gains. Unwanted litigations like these waste the precious time of the honourable courts and only serve to ‘delay justice’ for the genuine aggrievers.
             A couple of days back, the Nation witnessed an unprecedented spat between a couple of sitting SC judges and the honourable CJI. In the present context, if an average citizen gets the idea that the ego-conflicts and power wars among the sitting SC judges and the honourable CJI has resulted in this present judicial crisis, he can’t be blamed. This situation of ‘it’s a matter of (the ‘rituous’ and ‘holy’) us v/s (the ‘crooked’ and ‘unholy’) him could have been easily averted had the grieving judges not resorted to washing the dirty linen in public. The recent developments have only served to tarnish the image of the highest court of the country among the general public. When four of the 25 judges of SC gang up and hold a press meet only to declare an open War on the CJI, there will indeed be repercussions and the message that it sends out to the general public and to the world  is not at all pleasant. After all, it’s not reality television that we are talking about! But sadly, the attempts to milk this episode for political capital has begun and it is anybody’s guess that this will go on till 2019!
            The role of judiciary in the maintenance and prosperity of an evolving democractic society cannot be under estimated and if done so, it will have alarming consequences which will be detrimental to the society and the country as a whole.

-nikhimenon

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