Out of author's 4 hubs, this hub looks at the contemporary world and includes discussions on politics, terrorism, sex and more. In addition, it doesn't miss the relation of this Modern World to its past - that made it, or the future that it is making.
Impeachment Attempt on The Chief Justice; Has The Congress Party Diminished The Prestige of India?
Four senior judges against one
Indian opposition parties have almost come together to impeach the Chief
Justice of their country. Before that the learned senior judges of the Indian
Supreme Court had come out to the public opposing the allocation of judges by
their Chief Justice, Mr Misra.
Both the incidents have not only hurt the international reputation of
India, they have hurt the prestige of the institution, which has the last word
in conviction of the guilty and whose members are spoken of as honourable
Why are the incidents so disgraceful?
Let us take the first one:
India has not quite met the standard aired by 'Justice delayed is
justice denied' and a husband accused of asking dowry long time ago ended his
life in the court of law recently, because of that very delay. Although, the
other ideal 'innocent till proven guilty' is still talked about, in combination
with the delay, its media have not only made hay when the sun shined- by
proving any one guilty before a verdict, they even have made the sun shine long
enough to bring about the title 'prestitutes'.
In that country, like the organization for doctors, the judiciary, not
been divinely ordained, also has a organising authority. It deals with any kind
of grievance in the legal fraternity.
In addition to the above while India also knows the Shakes pier's
dialogue 'unease lies that wears the crown' bharat knows as is the king so are
the people. Despite all the weakness, like the army in Pakistan and the Indian
election commission, Indians at least said we believe in the Indian justice
Four senior judges washing linen in public
In this scenario the so far respected 4 supreme court justices did not
like their chief justice allocating judges in sensitive cases including the
judge for the court that was deciding on the BJP president Anil Shah. They
suddenly did a news conference and complained about that action of the Chief
That was neither intelligent thing to do nor was it right.
1. The accusation against the CJ was subjective - what they felt was
wrong not what was actually wrong.
2. They did not use the established system of grievances organisation.
3. Instead they came and washed their dirt linens in the public.
With them proving the CJ already guilty, not going through properly
channels, the not only degraded themselves or became tool of political
modification but they disgraced the faith on the legal system as well. A house
in quarrel is never respected that is why it is said don't wash your dirty
linen in front of the people. The four wise men did just that. That too for a
single discontent - not multitude of discontent over the years and levelled it
as saving democracy!! In the process they not only lessened the prestige of the
judiciary, that is supposed to be reliance on beyond reasonable doubt but they
forfeited their future career of becoming the chief justice too.
Although that was seen as clandestinely galvanised by the Congress Party
and its chief Rahul Gandhi, the application for impeachment of the Chief
Justice itself now proves that the Congress Party was indeed behind the first
In any case, first of all impeachment can only be done to a person, who
cannot be removed from his/her post by another authority figure like in the
case of President of a country. Here CJ can be removed by the President. So it
is a case of removal not impeachment.
Secondly, if there were unresolved issues Mr Mishra had done earlier,
why was he allowed to be the Chief Justice of India in the first place? That is
not an ordinary but a sacrosanct position - the final word in its justice
Even if the accusation was 'It was done by the BJP', how did the legal
fraternity accept him and worked under him for so long? He has climbed his way
up through stringent checks in every hurdle. Surely a corrupt judge at any
level is bad for the justice system.
Thirdly, the CJ is retiring in 6 months. So what is the benefit of
ditching him few months earlier? What will the earlier removal of CJ do to the
Indian justice system? Whatever has happened that is not helping the prestige
of India in the international scene. How will the sacking help in bringing
about prestige for the struggling country? What will happen to the prestige of
the judiciary in India itself? Will not the judiciary be seen as corrupt; and
therefore justice always is seen as denied?
Fourthly, while the congress itself is divided on the issue, its
henchmen - other political parties - are trying to find unity where there is
none. The rejection of their unified application by the vice president did not
only mean a wild goose chase for them, it meant their lack of knowledge of the
legal system, henchmanship and lack of concern for India's prestige.
Fifthly, this has compromised the independence of judiciary and created
an unpleasant precedence that almost makes the judiciary under the politicians.
Indian judiciary has, in fact, been stabbed from inside by the four
senior judges and from outside by this coterie.
India is rapidly becoming an international figure. Indians, especially
ones in responsible posts have to behave that way. Yes Modi is trying hard, but
for India to progress rapidly, he has to look at the 3rd pillar of India's democracy.