hidden image

Judiciary Derailed?

P. A. Chacko P. A. Chacko
16 Dec 2024

Is our Indian judiciary getting derailed? There are signs and symptoms that some engine trouble is affecting it.

It was not without reason that the just-retired Chief Justice Dhanajay Chandrachud was taken to task by the legal fraternity, retired judges, and social critics for his antics of having the executive head of the nation alongside him for Ganesh puja in his private residence. He also came under censure for the way he 'fathered' the Ayodhya judgement after consulting and communing with his Hindu god for inspiration and solution.

In 2022, Chandrachud noted that although the Places of Worship Act of 1991 prohibits the conversion of a religious site to another faith, 'determining the religious character of a place, as a procedural tool, might not necessarily violate the law.'

This observation was made in the Gyanvapi mosque case. But legal experts and activists point out that it opened the hornets' nest, releasing hordes of religious fanatics to claim the existence of Hindu gods or Shiv lingas under mosques across India. The venom is spreading from Ayodhya to Gyan Vapi to Ajmer Sharif to Shahi Jama Masjid to Krishna Janmabhoomi to whatever your communal imagination extends.

Critics have pointed out that the distance between the two national pillars, the executive and the judiciary, has narrowed down.

We have had a judge resign and join the BJP party and stand for election. Beneath his black robe was the saffron outfit as a judge, they say.

And now we have a sitting judge of the Allahabad High Court flouting all constitutional and civic norms to pull the bandwagon of the saffron party. His pronouncements were not just improper but anti-national. Mr Shekhar Yadav went out all the way to insult the Muslim community and announce publicly that the only Constitution India should have is that which is according to the wishes and whims and tracts and traditions of the Hindu majority community. From this, it could be clear that his judicial pronouncements, too, might have been coloured with a saffron tinge.

By devaluing the sacred Constitution, which he is duty-bound to protect as a judge, he has violated all norms of constitutional propriety. As a result, he has merited nationwide protest and censure. Many are demanding his resignation and even impeachment.

The slip is showing, Mr Justice. That is the verdict the Indian judiciary appears to be meriting.

This does not mean that there are no finer elements in the judicial arena. Not all are crawling before the Big Brother Executive. Many function with sense and sensibility in interpreting the Constitution and delivering just verdicts according to the principles of equality, justice, and fair play.

But at the same time, there are visible trends that try to arm-twist the judiciary. Some judicial officers have displayed a tendency to oblige the powers that be or play a safe game by not offending the 'taskmasters.'

"The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of political winds that are blowing." (Caroline Kennedy)

Recent Posts

By choosing the name Leo XIV, the new Pope signals a commitment to justice, humility, and modern relevance—echoing Leo XIII's legacy of defending workers' rights and embracing science, while addressin
apicture A. J. Philip
12 May 2025
India's development dream demands more than GDP growth—social equity, peace, and inclusive governance. Rising communal polarisation, divisive laws, and political exploitation of religious identity thr
apicture Jacob Peenikaparambil
12 May 2025
"The Earth is a very small stage in a vast, cosmic arena. Think of the rivers of blood spilt by all those generals and emperors so that in glory and triumph they can become momentary masters of a frac
apicture M L Satyan
12 May 2025
In Pahalgam, the terrorists intentionally asked the names of the victims before firing them because they wanted to create a feeling in the minds of Indians that the Muslims killed the Hindus, and that
apicture Jijo Thomas Placheril
12 May 2025
Despite long opposing caste census as divisive, the BJP has now embraced it, likely for electoral gain. Rooted in upper-caste ideology, the RSS-BJP's caste politics have historically undermined social
apicture Ram Puniyani
12 May 2025
Moral ambition urges people to reject hollow careers and pursue meaningful change. Rutger Bregman critiques societal conformity, wasted talent, inequality, and environmental harm, advocating for purpo
apicture G Ramachandram
12 May 2025
The bulldozer, once a tool of construction, now symbolises state-sponsored intimidation—used to demolish homes, silence dissent, and marginalise minorities. Justice demands more than compensation; it
apicture Thomas Menamparampil
12 May 2025
If the drums must beat, let it be for celebration, not conflict. For parades, not pyres. For a country that chooses peace not because it is weak, but because it is strong enough to want no more widows
apicture Robert Clements
12 May 2025
She lost her husband in the attack, yet said she gained two Kashmiri brothers—an almost unbelievable testament to humanity rising above terror, even as the absence of security exposed the failure that
apicture A. J. Philip
05 May 2025
Amid grief, Kashmiris condemned terror and offered aid, while media and political voices stoked communal hatred. True patriotism lies in unity, accountability, and empathy—the values that can heal Ind
apicture Jacob Peenikaparambil
05 May 2025