July
28
Acquaintance with the Supreme Court of India
As Aarav, a common man like you, the Supreme Court of India has been a significant entity in the backdrop of my life. Every significant national matter appears to find its way to the courtroom doors of this institution. A prominent symbol of a democratic India, perceivably a temple of justice, the Supreme Court of India indeed commands a great degree of reverence. However, a closer look into its dynamics unveils aspects that demand scrutiny. For common folks like us, it's often easy to assimilate the larger-than-life image that this institution radiates, nonetheless, when we dig deeper, we encounter striking contradictions, raising several questions.
Partiality: A Hidden Shadow
One of the glaring hypocrisies associated with the Supreme Court of India is the partiality that lurks beneath the surface. Let me illustrate this with a personal anecdote. A distant relative of mine, living in a remote corner of the country, had a significant land dispute case. Years passed, but his plea was always relegated to the end of the hearing list. However, high-profile cases with influential parties involved seem to find a rapid resolution. Doesn't it make you wonder? The very premise we stand on is 'equality before the law', yet the supposedly impartial judicial system appears to prioritize 'who you are' over 'what your ordeal is'.
Justice Delayed, Justice Denied
Remember the time when your parents would threaten you with those dreaded three words 'wait till your father comes home' and time seemed to move slower? Consider that wait against this: There are nearly 60,000 cases pending in the Supreme Court alone. The procrastination involved is highly unjust and indicative of a system ripe with inefficiency and stagnation.
The Illusion of Transparency
Transparency symbolizes honesty, and it's expected from an institution as fundamental as the Supreme Court. Unfortunately, we cross paths with another hypocrisy here. Although the courtroom proceedings are open for the public, the administrative actions remain behind closed doors. This lack of transparency and accountability is baffling! Shouldn't the citizens have the right to learn what influences the court's decisions?
Judicial Supremacy versus Parliamentary Sovereignty
The tug of war between the legislative and the judicial bodies is an interesting case to analyse. The concept of judicial supremacy suggests that the judiciary can overrule amendments made by the Parliament. However, isn't this a stark contradiction to the essence of democracy which defines the Parliament as the sovereign entity?
The Caste and Gender Disconnect
Diversity forms the bedrock of India, and it's disappointing to see that this doesn't reflect in the Supreme Court. An analysis of the judges appointed so far reveals a stark underrepresentation of women, scheduled caste, scheduled tribes, and other backward classes. This is indeed a hypocrisy that belies our celebration of diversity and equality.
Attachment Over Detachment: The Pitfall of Judiciary
Here's a bit of trivia: A well-known virtue of our Indian judiciary system (or any justice system for that matter) is its detachment remaining indifferent to social, economic, or political influence. But at times, this very detachment becomes a cloak for hypocrisy. The judges, by positioning themselves as detached entities, often fail in understanding the larger context of a case with nuances originating from societal complexities. So, shouldn't our judges be more sensitive and aware than detached?
Sanctity of Personal Liberties
The irony isn't lost on anyone when an institution designed to protect personal liberties is often seen abnegating the same principle. The recent uptick in the use of contempt of court proceedings to stifle fair criticism raises questions about the sanctity of personal liberties.
The hypocrisies of the Supreme Court, in essence, are disparities between what they represent and what they truly practise. Questioning these disparities is necessary for a thriving democracy. After all, an informed discussion today can pave the way for a more transparent and just tomorrow. Don't you agree?
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