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

How can greater knowledge be accompanied by greater wisdom, greater prosperity by greater solidarity, greater power by greater responsibility, and greater connectivity by genuine human fraternity?
apicture Br. Dr. Lawrence Soosai Nathan, OFM Cap.
28 Sep 2026
"Deus meus et omnia" ("My God and my All!") was St. Francis of Assisi's favourite prayer. According to early Franciscan accounts, most notably recorded by Brother Bernard of Quintavalle, Francis's fir
apicture Br. Cyriac George, OFM Cap.
28 Sep 2026
St Francis shows that peace begins by freeing ourselves from the urge to possess, control and dominate. His poverty, humility and fraternity offer another way of exercising power: not over others, but
apicture Br. Brian Raymond Bandya, OFM Cap.
28 Sep 2026
Assisi is more than a pilgrimage town; it is a challenge to the way we live. Eight centuries after St Francis, his poverty, simplicity and service still raise a difficult question: how much do we real
apicture A. J. Philip
28 Sep 2026
St. Francis of Assisi's life and message have much to say to a communally divided India. Dialogue across faiths, standing with the poor and marginalised, respecting diversity, and working together for
apicture Jacob Peenikaparambil
28 Sep 2026
Gandhi and St Francis remind us that renunciation and humility go hand in hand. While their understanding of celibacy and self-denial may invite disagreement, their lives of sacrifice, simplicity, ded
apicture Chhotebhai
28 Sep 2026
St Francis remains a beloved figure because his life joined simplicity, poverty, humility, compassion and love of creation with a deep devotion to God. His message of peace, brotherhood and reconcilia
apicture P. A. Joseph
28 Sep 2026
"Brother Sun has become an energy contract. Sister Water is imprisoned in plastic and sold. Mother Earth is mined, poisoned and stripped of her forests. When she responds with floods, fires and drough
apicture Robert Clements
28 Sep 2026
A diplomatic dinner is more than a meal; it is cultural diplomacy on a plate. India has every right to showcase its magnificent vegetarian cuisine, but excluding its equally rich non-vegetarian tradit
apicture A. J. Philip
21 Sep 2026
Ageing need not mean becoming a burden. With the right opportunities, senior citizens can remain productive, creative and socially engaged. Kerala's emerging Silver Economy offers the Church and civil
apicture Jacob Peenikaparambil
21 Sep 2026