Supreme Court of India - Lords have no clothes
The Supreme Court of India doltish remarks are worse than Nupur Sharma's alleged indiscretion. So what are we going to do about it?
In a case before the Supreme Court of India (SC, hereafter) Nupur Sharma was seeking administrative order transferring all cases against her to one court and there she will face ALL the cases together. Such orders are always passed in cases where a citizen is facing criminal or civil action in multiple courts in different geographical locations.
In the course of the hearing, the Supreme Court, (as per media reports, Justice Surya Kant particularly) made some scathing remarks on the subject of the complaint against Nupur (referred to legally as merits of the case). At this stage, even Nupur does not know the full scale of allegations and case against her, no evidence is presented, and limited details are available even to Nupur. A higher court never makes any remarks as to merits. In fact, the courts do clarify that there is no order as to merits and the lower court must decide independently.
The outrage and “scathing remarks” are legally null and void as they were made without a lack of evidence before the court. Their only consequence is to colour the mind of the lower court thus prejudice the outcome. But when the author of this doltish outburst is the apex court of the land where do we seek relief?
The irony
The subject in question was the “indiscrete” remarks made by Nupur on a television news show. The show serves no journalistic value. The remarks made by Nupur were clearly under grave provocation by the co-panellist Mulla. The remarks made by Nupur were factually correct, the question was her tone which could be explained by the grave and continuous provocation by the co-panellist.
Per contra, the remarks made by Justice Surya Kant were made in the Supreme Court, the temple of justice, the guardian of the constitution, protector of fundamental rights and a forum of enormous prestige constitutionally empowered to do complete justice.
The scale of the stupidity of the remarks is mind-blowing. Justice Kant surrendered fundamental rights enshrined in the Constitution, which SC is tasked to protect, before the medieval tribal constructs of Sharia. Indian citizens did not sign up for this.
The remarks could not be included in the Order because they were crass, legally frivolous, poorly worded and demeaning to the accused who has not yet been pronounced guilty. They do not even constitute a reason why the “conscience of the court was not satisfied”.
So in effect, Justice Kant made irrelevant remarks, in a bad tone, and surrendered the fundamental rights of Indian citizens, in a forum of the highest esteem. He has made a joke out of Supreme Court. Milords, you have failed the “conscience of the people and our Constitution”. If milords have any ounce of self-respect they should resign as being incapable of discharging their judicial duty.
The Lord is unhappy
The doltish remarks are better understood if we consider SC in the position of the King. Our Supreme Court believes in the western adage “King can do no wrong” and therefore is empowered to make frivolous remarks to badger the accused or defendants before the Court.
This court is not to serve the citizens and protect them from the government, but as the Lord of this country. It has abrogated to itself the powers of the King. Possibly, it thinks of itself as the keeper of conscience of the non-existent Viceroy than the Constitution.
Lords have no clothes
The Lords have time and again refused to reform and improve.
Rather the judiciary created a collegium system out of thin air when there is no reference to collegium system in the Constitution. The Lords have thereby abrogated legislative power to itself. That this was done when the Parliament lacked strength being plagued by coalition politics.
They have subverted the Parliament’s rulings on Judicial Accountability Bill by creating a special protectorate of the “doctrine of basic structure” which, too, does not find any mention in the Constitution.
Just like the emperor, the Lords have no clothes and it is time we told them that.
It is time to reform the Judiciary.
Judicial reform needs a comprehensive thought and application of mind.
I have made a mindmap of the scope of reforms required based on my experiences with the legal process. I hope to convert it into a book with details on the kind of reforms expected in each part. You may check it here. Please do share your feedback and comments to include in it.
But don’t lose heart
This was bound to happen. The legal system has been the main bottleneck in the development of the country for a few decades now. Those like me who are facing the judges know this. This issue has merely brought the egregious excesses of the judiciary before the common people.
I am sure once reform is done. All arms of government are tamed to serve the citizens and not deemed
rulers, we will have the true republic we need. Till then we fight on!