‘The Supreme Court’s disquiet over mounting vacancies in high courts and tribunals… reveal a dangerous divide..” TOI Editorial, 11th August 21’
We are always hailed as the largest democracy in the world!
But are we?
“Do what you want, I will not vacate your house!” sneers your tenant.
“I will go to court!”
“Go!” he sneers, and knows by the time the judgement is delivered twenty years later, he has got free accommodation for all those years and you, no income. In fact, you may be dead by then.
Democracy is made up of two ‘hand’ actions: the inking of your voting finger and the judge’s hand banging the gavel. And both these institutions, the executive and the judiciary have to run parallel.
For a country to be called democratic, justice has to be delivered swiftly.
Not here though.
Here, it is the rule not of fairness, but of muscle. Fairness or justice is handled by the courts. The will of the majority which is muscle is handled by the winners of an election.
We are therefore a flawed democracy because there are far few courts and now even the existing vacancies for judges are not being filled.
One reason for fear before an election in India, is that in case the wrong party gets into power, ones who do not abide by the law and the constitution, will get away with murder because it will be too late before they are brought before the law, if ever!
We love shouting on Republic Day about it being our ‘Constitution Day’ but having a constitution without judges is like having a mouth with no teeth.
Politicians will not help you, because it does not serve their purpose.
We the people have to make a noise about it. Talk about it. Write about it.
It is your right to have enough judges. And once this right of yours and mine is established, we like the Americans will take everything in our stride and won’t treat legal problems like life and death issues.
Because sadly in our country most everything is a life and death issue now.
If we can build a new Parliament, pay our politicians huge salaries, give them luxurious mansions and hefty perks, don’t tell me we can’t build thousands of courthouses, get thousands of judges, and have justice delivered fast?
If you think ours is the largest democracy, think again. It’s a flawed one, and you have only yourself to blame!
“Go to court!” laughs your boss as he throws you out without your salary and your inked voting finger won’t be of much help without the fair hand of a judge banging his gavel..!
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Robert Clements is a newspaper columnist and writes a daily column, which has graced the pages of over 60 newspapers and magazines, from a daily column in the Khaleej Times, Dubai, the Morning Star, London, and in nearly every state in India, from The Statesman in Kolkata, to the Kashmir Times in Kashmir to the Trinity Mirror in Chennai.
The “educated elite” having no role in “enlightening” the masses , results in a flawed democracy.
While inking our finger it is up to us to decide whether we want democracy protected by judges whose ruling is fair and just or a kleptocracy that can do away with judges altogether !
Thank you Bobby for your enlightening, inspiring and interesting write up about the true state of affairs in our country that you boldly sadly and honestly publish God bless you for caring patriotically and spiritually
“Justice delayed is Justice denied “.
This is the state of affair we see in Indian Judiciary.
It is high time now to educate people. Thank you Bobby. I would like to join the awareness campaign.
God bless your efforts.
Perhaps the fact that judges have to work in collaboration with politicians is what deters the sincere ones from opting to be judges since they know what is in store. Maybe they are unwilling to compromise on the truth, however, truth is often silenced; hence, they prefer not entering into the murky waters at all.
Sad state of affairs indeed. Kudos to you Bob for not choosing to remain silent but bravely voicing your opinion, the truth. It will inspire many a sleeping soul to awaken and do their bit to make a change.