Opinion

Has the Indian Judiciary Failed Indians?

When the country can seek accountability of Legislature and executive why cant there be accountability to Judiciary??
Our country has seen one of the most corrupt judicial system which has failed the country in delivering justice. With more than 3 crores pending cases in Indian courts we wonder what work is the judiciary doing??

UPA 1 & 2 saw the most number of scams in 10 years, numerous cases were filed, many officials were arrested, but where is the conviction? We have seen most corrupt politicians, criminals getting bail from Supreme court while Nirbhaya was deprived of justice and her rapists let off!

After Modi came to power he asked the courts to finalize the verdict against all those politicians facing criminal charges in one year, but the courts immediately refused saying it cant give verdicts in one year and needs more time. How much time did they require? Why did they refuse to take up cases against politicians? The present government also brought up NJAC act to put an end to collegiums system. The NJAC act was again rejected by the judges panel headed by Ex-CJI RM Lodha.

Its a well known fact that most of the judges have vested interest for not bringing transparency in the judiciary appointment. The judges have been enjoying power and money under the protection of politicians which obviously they don”™t want to loose by bringing NJAC.
Justice J Chelameswar, the fifth senior-most judge in the Supreme Court was one person who dared to call Spade a Spade. Few days back, he openly criticized the collegiums system by writing a strong letter to CJI TS Thakur saying that he will not be participating in the collegium”™s future meetings due to its lack of transparency and failure to record its proceedings. The embarrassed CJI said “he will sort it out” while he absolutely meant none of it. There is no space for any improvements in the failed collegiums system. The collegiums is highly accused of mis-appropriation of funds and power and has no transparency is appointing judges.

Justice Chelameswar in his note said: “Transparency is a vital factor in constitutional governance… Transparency is an aspect of rationality. The need for transparency is more in the case of an appointment process.“ He added, for good measure, that the collegium system was not transparent even to its own members: “The records are absolutely beyond the reach of any person, including the judges of this court who are not lucky enough to become the Chief Justice of India. Such a state of affairs does not either enhance the credibility of the institution or does good for the people of this country.“ He has strongly suggested that judiciary needs accountability and the whole idea of collegium is totally illogical and inconsistent.

The sitting judges have given a SELF ““VERDICT for the NJAC saying it wasn”™t rational to ask accountability of judges. TS Thakur did not have any convincing logic to rebut Justice Chelameswar and admitted that Chelameswar “has a point”, but was in no mood to support the transparent process of judicial appointment and advised Chelameswar not to speak openly and added internal differences will be misused by outsiders.

Justice Lodha should first understand that people aren”™t fools that they do not understand the internal politics of judges. And people are now demanding accountability of judges and their work.
The tradition of “letting go” all powerful and influential people has definitely not gone well with the people.
The citizens are questioning how can judges give verdict on their own cases, when common people cannot do it?? We have seen enough corruption, misuse and misappropriation of justice system by politicians and influential people and its time JUDGES are also made accountable and answerable to the people of India.

STOP WHINING IN PUBLIC Mr CJI and START ACTING!!!


Aishwarya S

 
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