Dinesh Kamath's Editorial 'Indian Judiciary – the best in the world???' that was published in Newsband

Indian Judiciary – the best in the world???

Chief Justice of India Dipak Misra called the Indian judiciary the “most robust in the world”. The outgoing Chief Justice made this declaration, in his farewell speech a day before he retires, He said, “Justice must have human face”. He spoke after Chief Justice of India-Designate, Justice Ranjan Gogoi, praised him saying that his greatest contribution has been to civil liberties and cited his recent verdicts in this regard. Justice Gogoi will be sworn-in as the Chief Justice of India. Justice Gogoi praised Chief Justice Misra’s illustrious career, exemplary erudition and remarkable fortitude.

Attorney-General K.K. Venugopal, the country’s topmost law officer for the government, rued how the salaries of Supreme Court and High Court judges are “far below than what an average lawyer earns”.

Now here is common man’s viewpoints about the Indian Judiciary: In our country thousands of people, who are poor and illiterate do not have access to courts or the judicial process. Many criminals who commit crimes such as murder, honor killings, mob lynching, etc. are never brought to face the law, they go away Scot free because nobody is ready to give witness in a court of law and that is because the courts cannot provide security to such witnesses who are daring or courageous to speak out against criminals. Even now, the Judiciary has not been able to stop criminals from contesting elections in our country. Even now, the Judiciary has not been able to make the political parties declare their donations.

It’s unfortunate that none of them spoke about the million cases pending in courts and many litigants having died before they could get justice. Judiciary seems to be working for elite and powerful people than an ordinary citizen. No wonder why the lawyers make millions out million pending cases. This is how our country judiciary works. Is the CJI aware of the gross delay and denial of justice to common man in India. Judges should introspect, uphold the promises they gave and detach from the clutches of criminals among the politicians.

Let us have one small thought about the Common people of this land - Is it easy for anyone from the 950 million BoP groups living in the most dilapidated 635,000 villages/ slums/settlements to ever think of Justice? How many think about them and their wretched conditions? Or is it that we all think there is no such problem at all?

The lower judiciary has been completely lost to corruption and incompetence. The High Courts and even the Supreme Court are not paragons of virtue. The appointment of judges has no transparency. The recent Master of the Roster case showed the apex court's ugly face. The judgments of the SC increasingly are influenced by what the potential public reaction is going to be. Yet the outgoing CJI calls the Indian judiciary the most robust in the world.