Sunday, April 30, 2023

Crisis in the Indian Judiciary?

There is this "Mangoman" who has been off late asking hard questions of the Indian Judiciary respectfully. He has been echoing what 140 Crore Indians have been feeling about the recent happening in the Indian Judiciary. Here is a link to some new questions he has posed to the President of India.

https://twitter.com/KailashGWagh/status/1652551702174912514?t=Wqs6vMHvyVYEjAELochv5A&s=08

Please do read it, because my blog is an extension to these questions posed by this "Mangoman".

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I think the Indian judiciary's crisis is coming to a rapid end.

And I must express my heartfelt gratitude to the current CJI for starting the fire that will finally consume the present Indian judicial system.

Given that I know some of you would be astonished by my assertion, allow me to quickly clarify.

I will use a hypothetical tale of a drunken bully to illustrate my argument. When does someone start to become a bully? Usually when the individual realizes that no one is present to confront him or her. The person is no longer accountable to anyone in the community as a result. This posture produces an addicting high. However, the high that comes from bullying become accustomed to by the brain and body over time. The bully turns to substance abuse to get an additional high.

At this stage, the bully starts to lose control because he/she believes he/she is omnipotent and omniscient and is under the influence of bodily intoxicants. The bully’s misbehavior gets worse and more repulsive to the community. The community is kept in terror of the bully in the hopes that there will be a chance to put an end to the problem. However, as with everything in life, things change. Eventually, the bully who is always drinking becomes so wasted that one day he/she sets his/her own home on fire. The residents in the community observe the fire but choose not to assist in putting it out. Bullying is destroyed by its own fire.

Now substitute a few words of the following terms in the hypothetical tale above:
1.       Activist judges
2.       Incestuous collegium
3.       Threat of Contempt of Court

Well, as we can see for ourselves, the fire has been lit. The people are fed up with the bullying. The House of Judiciary is burning. And there is no one who is willing to save it. We did not light this fire, and we will not go to their rescue. We will wait for the fire to consume this failed unaccountable institution. And then build something which is better and accountable to us.

Therefore, all we need to do is have patience.

Finally, there are the woke retards who believe they will emerge like a Phoenix from the ashes of this burning institution. The Phoenix is a pagan mythical creature, let me remind them. It is non-existent! And you really hate the pagans like us.

The core problem begins when people with a defined job to do, believe they are not accountable and begin behaving like woke-communist activists. And that my friends defines Judicial Activism.

Judicial Activism is an undemocratic form of decision-making, as judges are unelected officials who are not accountable to the public. By making decisions based on their own personal beliefs, rather than the will of the people or the legislature, judges act outside of their proper role.

Second, judicial activism can create legal uncertainty and unpredictability. If judges constantly interpret the law in new ways, it can be difficult for individuals and businesses to understand their legal rights and obligations.

Third, judicial activism can lead to a breakdown in the separation of powers, as the judiciary begins encroaching on the legislative and executive branches. This can undermine the proper functioning of democratic institutions and lead to an imbalance of power.

Finally, judicial activism is harmful to the legitimacy of the judiciary itself. When judges are seen as partisan actors who are pushing their own political agenda, rather than impartial arbiters of the law, it undermines the people’s faith in the judiciary as an institution.

And this is exactly what the 140 Crore people of India see today.

How do I see this ending? I am no seer, but logic dictates the following:

  1. The legal & judiciary community will fracture and go to war with itself. The majority of the people in the business of practicing law will see that their very relevance and survival are at stake. They will take on the tiny but extremely vocal woke-communist activists in their fraternity.
  2. The people of India will put extreme pressure on their elected representatives to make the judiciary accountable.

POSTSCRIPT: Perhaps our judiciary may like to note that there is only one Supreme Judge in this universe. We Sanatan Dharmic know this Judge as Shani Maharaj. And there is no hiding from this Supreme Judge.

And seriously, people who don’t know What is a woman? And What is a Man? … Can they be put into any position of power?

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