Bench, Bent, and Broken: India's Judicial Crisis

Fr. Gaurav Nair Fr. Gaurav Nair
16 Dec 2024

Many must have watched videos of non-Indians praising the Indian culture, education, ideology, religions, etc., and felt emotional and proud to be Indians. However, how many have realised that these are paid shenanigans? While the West is moving towards wokeness, India is moving towards the other end, which, for the lack of a better coinage, I must represent as somewhere between malevolent patsyness or pernicious naivety and self-serving credulity. These are not opposed to each other; both are jaundiced towards extreme inanity.

A judge making a statement that degrades a section of society in complete disregard to the Constitution and agreement with anarchy is unforgivable. Though vociferations have risen from various quarters calling for an impeachment, I posit that this is not the point at which he should have been tackled. It is not the first time that Mr Shekhar Kumar Yadav, I'll let his honour qualify the title Hon'ble, has been found with his pants down.

Justice, he may or may not be, but he has the honour of a long appendage of unjustified and unjustifiable behaviours in his name. Sidestepping even his nefarious parts, how was he allowed to continue as a judge, that too of a high court, when he is so daft as to believe that bovines exhale oxygen? His qualifications should immediately have been brought to review, and he should have been dismissed summarily and all his judgements scrutinised. That such criminality as his appointment occurred speaks volumes about the current state of our judiciary.

It is incontrovertible that he will not have to suffer any severe consequences as the whole bastion of the judiciary has already been infiltrated. At most, he might have to wave his gown goodbye and take up his seat in the political arena a bit ahead of time. The million-dollar question that few have alluded to is whether his willingness to strip publicly has any deeper implications. And even more concerning is that the majority is apathetic or jubilant. It is scary to think where we might be heading.

The deeper malaise lies not just in this judge's aberrant statements but in the systemic breakdown that allows such individuals to ascend to positions of judicial authority. It represents a larger pattern of intellectual capitulation, where pseudo-scientific claims are elevated, and constitutional values are trampled under the hooves of majoritarian sentiment.

Judges are not merely interpreters of the law but custodians of societal values. When they begin to articulate views at odds with constitutional principles, they allow cracks that fragment the very foundation of our country. It is no longer about impeaching one judge but addressing the rot that allows such appointments. It demands a comprehensive review of judicial selection processes, a rigorous mechanism of accountability, and, most importantly, a societal commitment to upholding constitutional values.

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