I am talking about a lack of transparency on a bigger scale. For example, there is lack of transparency in how the Supreme Court judges are appointed. It's almost a well-kept secret; doesn't the public have a right to know?
My take is that there was some kind of violent need-jerk reaction to what happened during the Emergency. The politicians had the last say in the appointment of judges. And the public perception and perhaps the perception in the higher judiciary was some of the hand-picked judges just bent down when it came to a crunch, unable to withstand political pressure. Some of them were known partisans. So it was thought that the judicial collegium itself decides a person. In fact, one of the things they do is to make sure he (judge) doesn't have a political background. Because in a majority of the cases, almost 80 percent of litigation, there is a government party. So if the judges have a political bakground, they had it.
Justice delayed, is justice denied. There are so many delays...
As far as the delay in justice is concerned, my take is that the system is workable. All it takes is putting in place competent people who are singularly devoted to attacking the problem. If every judge honestly disposes the cases allotted to him, I don't think it is such a big issue. Although I go with the common perception that the number of judges and the infrastructural facilities made available is somewhat lacking.
If that can be improved, and it only requires marginal improvement, then there will be a change. Competent persons and a marginal improvement in the infrastructural facilities will help to tackle the delay. I am sure we won't have any difficulty after that.
The common man today looks at the police and courts not as a source of protection but as entities to be avoided. I am not talking only about eye-witnesses. A majority of the Indian public sees lawyers and courts as part of the problem, to be avoided, rather than a solution to their difficulties.
You are absolutely right. I agree with regard to the police. The instant reaction of people is yeh sab jhamele main kyu padna hai? (why get involved?). That's why even when they see a murder they say we haven't seen anything, we haven't done anything.
With regards to the court, delay is the biggest problem. For example, take a medical officer, or someone who has important work to do. If he is summoned to court repeatedly, you are doing a disservice. This is where the judge has to be sensitive and sensible. He needs to ask why I am delaying this man. I rather take this man's case first than make another man wait in the queue.
Image: The Supreme Court of India, New Delhi.
Also read: The Supreme Court's stunning decision
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