Few days before Hon'ble Justice Deepak Gupta took retirement and due
to amid lockdown his last farewell speech was conducted online in which many
Press Journals and various sound reporters had their questions , were answered.
One of the journalist pointed out that whether the judiciary tends to work more
in the support of elite people rather than the folks. Justice Gupta firmly
stated the country ‘s law and legal systems favours the rich and powerful.
In a Country of largest democracy the Hon'ble Supreme Court Judge views
on his own system is a shame and matter of incompetency by our own black court
Messiah. Our Judiciary follows a wider range of principles like Rule of
law propounded by Dicey and separation of powers by French Philosopher
Montesquie. We have encoded our constitution thoroughly with amendments with
Fundamental rights, Duties , Directive Principles, Inter state powers etc.
But Question arises whether judicial system is a chakravyuhu and justice is
the point after breaking it?
Mahabharata the great epic showed us the great warriors like Abhimanyu, Arjuna
who were more skilled in the art of breaking chakravyuhu. But even though it
could have dogged them in the prevailing times. Today's judicial system is not
rugged with only hardcore procedures but also with nature of retard justice.
legal aid is a constitutional right supported by article 21 and 39 A of the
Constitution of INDIA.
The object of this section is to provide equal justice to weaker, trodden
sections of society. Looking at such depth of the idea, that has to be applauded
only in the books of constitution. Independence of judiciary is always in the
dependence , creed , faith of proletariats that keeps them alive in the working
of judicial officers not only during the tenure but even after it.
There was a great warrior Bhishma so called son of Ganga and Raja
Shantanu was flooded with immense powers from birth and also had the throne to
acquire but without any greed took the oath to serve as servant to the master on
throne all his life , such was a noble principle and courage to attain it. But
we have few People today born and even after acquiring their part in judiciary
they won't respect the lacuna that has been bought by the framers of
constitution between the Judiciary and Executive . Few Judges who cross part
their self esteem and compromised the noble principles on the independence
and impartiality of the judiciary.
The problem lies more in us for accepting such recommendations and not raising
voices to it. Three pillars of Government is Legislature, Executive and
Judiciary. The officers of legislature and executive has to do more with the
making and executing laws but the Judiciary is upheld with wide powers as it
interprets it, looks after the scope, fit in the boundaries and can even declare
it as unconstitutional , the power of judicial review. The black court
messiah needs to understand the integrity of the Profession because it can
cause incalculable damage to the reputation of juidiciary.
Most importantly it can be blatant and roughly incompetent to hijack the
independence and working of judiciary . Lastly, I would say that INDIA is the
largest democracy and if we don't prioritize and set limits between the
officers of executive and judiciary , soon will give rise to Kakistocracy form