Tuesday 25 December 2018

Under the NIQAAB of JUSTICE System



Transparency is an attribute to achieve, in governance and use of authority. But the act of becoming transparent is a long and difficult road. However, transparency isn’t the actual end goal.

Why transparency? Many will say “optimisation” — but, most would struggle to concisely define what “optimisation” actually is. Is an optimised structure free of known failures of processes and system? Optimisation is a location with no GPS coordinates; it simply does not exist.

There is one very important, intermittent step that enables processes and systems to further define what life after transparency looks like — one that reduces the risk of regrettable substitutions to fair, just and equitable actions in its processes and helps to define what optimization actually is.

Will the Hon’ble Supreme Court of India's collegiums demonstrate the determination to optimise the composition of Judiciary through reserved representation of the persons belonging to SC, ST and OBCs as has already been done in the legislature and the executive? Will the Hon’ble Chief Justice broad base the feedstock to the higher judiciary which is alleged to have been confined to less than 400 families if India?

Will the Hon’ble Supreme Court have the courage to lift the veil of secrecy on judicial appointments and make its doings transparent?

Will the Hon’ble Judges of the Supreme Court have the mettle to submit themselves to scrutiny of some kind and demonstrate accountability towards “We, the People” rather than just parking themselves on a high pulpit and proclaiming to be the sentinels of the constitution which, “We, the People” are increasingly beginning to mistrust?

Unfortunately, “We, the People” are now beginning to get conditioned to answer the above questions in the negative.

Does this signal the fall of judiciary, the last remaining pillar of our democracy, as the other three pillars, legislature, executive, and the media, have already collapsed. Is the Indian Judiciary traversing a precarious trajectory which might result into losing its prefix of being Hon’ble?

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