But that is the solution, before even discussing the problem: India’s Judiciary stinks!
The Judiciary is not accountable to ANYONE in India. Yes, promotions and plum transfers apart, even the highest Judicial Authority – The Collegium cannot direct ANY Judge in ANY matter and make it stick. That depends purely on mutual co-operation and not on any power enjoyed by a higher Judge or Judicial Body. To remove a Supreme Court Judge, the Parliament must impeach him/her. In an era of coalition politics it is next to impossible as it was even when the Congress had 2/3rd majority. Each Judge holds so much power that politicians who are forever in the breach of laws – minor or major, need them to “bail” them out from time to time. But that story is for another day.
So here we have from the first level magistrate right up to the CJI, each is a King in his Court and accountable to no one. He / She needs to “obey” or “comply” only when he/she seeks a favour from the upper benches. This is a classic case of absolutely no accountability – the central idea in the Magic Pill blog.
This complete and comprehensive protection against any form of accountability is a legacy of the British. They used it to escape any form of pressure from the locals that they ruled over. On attaining Independence, the elitist Nehru found no reason to scrap this archaic law. And so we have constitutional protection of the bureaucracy and their political masters. Now, when they want to take power over the Judiciary, they face resistance, obviously.
We the people need to strive for having this whole concept of “unqualified, everlasting, personal immunity to each and every civil servant (includes ministers, et al) from being a constitutional right”.
The Chief Minister of MP, Arjun Singh ensured Warren Anderson nevr enterd the court and saw him safely away in a state plane. The Congress is known to act only when the HIGH COMMAND gives it’s consent. 26 years ago, this was in full force with a large majority in parliament and no allys to be afraid of. The then PM – Narasimha Rao – ruled with the consent of the HIGH COMMAND, keeping the seat warm for a Gandhi to take over.
Now we have a PM that is doing the same, over two terms! Power without accountability is the ethos of the Congress. Thus this Article in our Constitution is serving its originators well.
The only way we can trnform the country is to scrap this Article from our constitution and to devolve ALL power to local bodies. Like some developed countries, even the Police Chief is elected by the people whom he serves. Each municipality is an independent financial entity, not dependent on a dole from the State or Central Government.
If this were the reality, the perpetrators of world’s worst industrial disaster in Bhopal wouldn’t have gotten away scot free.
All of this is known. I am not claiming any ‘discovery’.
The question is, WHY aren’t NGOs & TV Channels making this a campaign that will ultimately succeed when it could give them unprecedented popularity & support for time to come?
I don’t know the answer. Do you? Tweet me @jsvasan or post on my FB Wall
If you think the time has come to do something about it, then send this on to your friends and their friends. For the sake of India.
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Tailpiece: The real voyage of discovery consists not in seeking new landscapes but in having new eyes. – Marcel Proust