Few days before HON’BLE JUSTICE DEEPAK GUPTA took retirement and due to amid lockdown his last farewell speech was conducted online in which many Press Journals and various sound reporters had their questions , were answered. One of the journalist pointed out that whether the judiciary tends to work more in the support of elite people rather than the folks who are behind it. To which the HON’BLE JUSTICE firmly replied “ the country ‘s law and legal systems favours the rich and powerful”.
In a Country of largest democracy the HON’BLE SUPREME COURT JUDGE views on his own system is a shame and matter of incompetency by our own black court “ MESSIAH”. Our Judiciary follows a wider range of principles like Rule of law propounded by “DICEY” and separation of powers by French Philosopher “ MONTESQUIE”. We encoded our constitution thoroughly with amendments with Fundamental rights , Duties , Directive Principles, Inter state powers etc.
But “Question arises whether judicial system is a “ chakravyuhu” and justice is the point after breaking it??”
Mahabharata the great epic showed us the great warriors like Abhimanyu, Arjuna who were more skilled in the art of breaking chakravyuhu. But even though it could have dogged them in the prevailing times. Today’s judicial system is not rugged with only hardcore procedures but also with nature of retard justice. legal aid is a constitutional right supported by article 21 and 39 A of the Constitution of INDIA. The object of this section is to provide equal justice to weaker, trodden sections of society. Looking at such depth of the idea, that has to be applauded only in the books of constitution. Independence of judiciary is always in the dependence , creed , faith of proletariats that keeps them alive in the working of judicial officers not only during the tenure but even after it.
There was a great warrior “Bhishma” so called son of Ganga and Raja Shantanu was flooded with immense powers from birth and also had the throne to acquire but without any greed took the oath to serve as servant to the master on throne all his life , such was a noble principle and courage to attain it. But we have few People today born and even after acquiring their part in judiciary they won’t respect the lacuna that has been bought by the framers of constitution between the Judiciary and Executive . Few Judges who cross part their self esteem and “compromised the noble principles on the independence and impartiality of the judiciary”.
The problem lies more in us for accepting such recommendations and not raising voices to it. Three pillars of Government is Legislature, Executive and Judiciary. The officers of legislature and executive has to do more with the making and executing laws but the Judiciary is upheld with wide powers as it interprets it, looks after the scope, fit in the boundaries and can even declare it as unconstitutional , the power of judicial review. The black court “messiah” needs to understand the integrity of the Profession because it can cause incalculable damage to the reputation of juidiciary. Most importantly it can be blatant and roughly incompetent to hijack the independence and working of judiciary . Lastly, I would say that INDIA is the largest democracy and if we don’t prioritize and set limits between the officers of executive and judiciary , soon will give rise to Kakistocracy form of government.
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