Indian Judicial System , is it time for radical changes


Lately it has been seen that the courts and specifically supreme courts have been giving judgement on very frivolous grounds and that too at times  "suo moto" as well . The judiciary in india anyhow acts as if they are the Gods gift to india , Even the senior lawyers behave in similar fashion . The senior lawyer have been running the country since independence be it Nehru , Gandhi to the current breed of Jaitley , Ravi Shankar Prasad , P Chidambaram , Kapil Sibal , Salman Khurshid , Abhishek Manu Singhvi ,Prashant Bhushan etc etc . They act as a club where a senior or judge is nominated based on a collegium which is basically the membership of the club .
Yesterday only there has been a judgement by Supreme court that no fire crackers can be sold in NCR region to contain pollution . This is post the order by supreme courts sometime back in which the process for licensing for vendors to sell crackers was given . I am no big proponent of fire crackers , don't know whether its my age factor or love for environment but a bit of lighting of crackers by kids is obviously welcomed . There are certain acts associated with certain events and crackers on diwali is one of them . I in no way approve the going over the top display by certain individuals but I feel that there are other much more pressing things which needs to be taken before rather than just fire crackers . The food adulteration during diwali is according to me is a bigger menace than crackers . You will have to see the direct havoc it creates on us .

The supreme courts has been acting like demi god in selective cases without understanding or taking full cognisance of the issue . One such case is asking Jaypee Group to submit Rs 2000 Cr when it has gone in NCLT for insolvency , If it had that type of money than it would have not gone in NCLT in the first place . Similar is the case of delay of lot of big projects due to environment related issues and stays by the supreme courts . I strongly feel that supreme court has acted very immaturely , I feel that it should come out with a solution to give minimum collateral damage to private parties who are not at faults and are being penalised . It seems that a private party is automatically considered guilty . Same is the case of SAHARA group case . I am no fan of Sahara Shri but the court has asked him to deposit 25,000 Cr Rs and out of which it has deposited 19,000 but SEBI (The complainant ) has not been able to find takers for even 1% of that money which it claims is of investors . I feel that he is now being hounded wrongly .

I have to yet to see a judgement where it has acted to reduce the inefficiency of judicial system . Just imagine that the court takes a "Two Month" summer break in addition to relaxed working hours . The eco system in judiciary is such that as if there is a master slave relationship between Judge and rest . Anybody who has tasted the judiciary system will understand what I am trying to say . Our judiciary is one of the most corrupt and inefficient and to top it all act as the conscious keeper . Seeking justice is such a time consuming and expensive affair that a common man dies of frustration . Yet to see a clear cut judgement for 'Ram Janm Bhoomi' issue, Salman Khan case ,  or tonnes of similar cases . More so ever even in such high profile cases as that mumbai bomb blast etc it took so much time to get the judgement .

The whole judiciary reeks of feudalistic system and corruption at all levels & the worst is that they consider themself above law . Have you ever seen a judge getting impeached ? The whole selection process of judges of high and supreme courts is a sham . The judiciary fraternity has created a club by which its impossible for a commoner to enter into the hallowed circle . Even post retirement the judges are being taken care by the fraternity by appointing them on various committees and as arbitrator at exorbitant fees . The government should set certain fees limits . I can quote a number of judges and their brokers and nexus but cannot because of getting summoned by the honourable court unlike of making a comment against a politician or any other public servants .

I am again pain to understand the dress code for judges and lawyers . Referring to the judge as "Lordship" reeks of typical feudalistic mind set . These symbolism drives home the point in the subjects mind set that he is in front of some sort of ' Demi God' and thats how he and his cronies (lawyer and support staff) behaves .

Its high time we should have radical reforms in judiciary system because 'Justice delayed is justice denied" and indian judicial system has been mastered by the judges lawyer caucus to this affect . I know to break this deadly nexus will be very tough for any government in the world but I strongly feel that this is the biggest 'Mafia' in the world. The worst part is all mafia leaders usually had a deadly end but members of this mafia lead a respected and honourable life and this phenomenon is universal. The power vested on the judiciary system has made them behave like gods and a classic case of "Power corrupts and absolute power corrupts absolutely ".

  

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