Judiciary, legislature and executive are the three pillars of democracy. The country is witnessing steady deterioration of morals of the politicians, which started with Indira Gandhi’s time, witnessing contemptuous disregard for democracy and judiciary, a scenario getting perfected over the further three decades by successive governments. These days charge sheets on grave charges of corruption draw a contemptuous and dismissive reaction from politicians.
Though the lower judiciary is perceived to be generally slow, inept and no-so-clean, the country’s higher judiciary is considered to be reasonably independent and honest. There has been however serious breaches and fissures witnessed in the judiciary as we witnessed the first trial of Soumitra Sen, a Judge of Calcutta High Court by the Upper house of parliament, leading to his resignation.
Another Chief Justice of the Supreme Court Justice K.G. Balakrishnan’s later years were embroiled in controversy with complaints regarding his son-in-law and Congress leader P.V. Sreenjin amassing wealth during the tenure of the Judge. Justice P.D. Dinakaran, the Chief Justice of Sikkim High Court resigned upon facing impeachment on corruption charges and judicial misconduct, but not before making the common man gape at the hollowness of the judiciary.
The recent observations of the CJI on his immediate predecessor, Altamas Kabir, who had retired just the other day, raises serious concern on the working and discretion of judges. Wherever there is governmental discretion, whether relating to allotment of licenses, or deciding on a policy, corruption could flood in, as we have witnessed in the scores of scams that the countrymen have silently watched as they waited for long hours repeatedly on the voting queues to elect another corrupt government.
Ex-law minister and senior advocate Shri Shanthi Bhushan boldly submitted a sealed envelope in the Supreme Court stating 8 of the 16 Chief Justices from 1990 were corrupt.
The Chief Vigilance Commission is a constitutional body created in 1964 to address governmental corruption. On March 3, 2011, the Supreme Court quashed the appointment of P.J. Thomas as the Chief Vigilance Commissioner, leading to his resignation.
Corruption in the bureaucracy has not limited to civil servants alone and it has deeply pervaded to the military as well, exposing our country to internal and external dangers.
Judiciary is considered by the large majority of Indians as the last straw available for upholding democracy; contain rampant corruption and breaches by the politicians and the bureaucrats, as well as lately, by the armed forces. The cost of corruption and its impact on economy has not been quantified in real terms. It does steal the common man of a decent living, a country with good infrastructure and of lesser taxes.
The Judicial system responds with alacrity pressing for suo motu contempt proceedings, on the least aspersions cast on it. Post retirement placements of Supreme Court judges provide an element of crafty maneuverability to pick and choose favourite judges by the government. Any system that could adversely influence judiciary and could cause quid pro quo favours should come under closer scrutiny and remedial action.
The roof of our constitution is precariously hanging on one comparatively strong pillar, the judiciary. It is to be seen, whether this too gives in to the human greed and pushes the country further down on the corruption index or will have the wisdom to pull it out of the mess that we are in.
