Being a fair critic of the judiciary, nay, judicial decisions, has meant enormous suffering in all sense to me. Still, I do not regret, for, the mite which I could contribute was so important that, had I not ventured, probably the issues which are so vital to us as a constitutional Democracy would not have come to the public domain at all. It is we who brought to the public domain for the first time, since collegium came into existence, that, the legal and judicial dynasties, so too, influential politicians plan things in such a way that their progenies become the Chief Justices of India or the members of the collegium as senior judges of the Supreme Court or in the worst of scenario become high court Chief Justices. The mighty powers either cooperated with each other and at times tried to outsmart each other, nay, torpedoe the game plan of their fellow judges/ “eminent” lawyers.
JJ. Chelameswar and Kurien Joseph, though I hold them in the highest of esteem, I’m afraid to say, failed in their ambition to become the CJIs, despite they having played their cards with admirable sagacity. I’ve no doubt, collegium system will be dismantled, much earlier than we all anticipate. There is a saying in malayalam, _avahitha gharbham ethrakaalam ollikkum,_ roughly translated, “ill conceived, ultimately shows up”.
Our venerable judges, after usurping to themselves the power of appointment, appointed their kith and kin, so of the senior lawyers, their juniors and of influential politicians, as judges. They cannot be blamed for, for, blood is thicker than water, nay, it is instinctive; the oxitocin hormone makes no distinction between humans and other mammals. But they forgot that a day would come when the entire supreme Court is rendered a family affair. Alas! The day has already come!
Statistics can never lie. Look who are the past and the future Chief justices of India… all future Chief Justices except Justice Ramanna are the sons of judges, Justice Gavai being an exception being the son of a former Governor.
There are many things more I wanted to write. “Discretion is a greater part of valour”, is an adage worthy of worship. Therefore I refrain from saying many things which otherwise I would have wished to say. I confess, I’m a fearful man.
Mathews J Nedumpara
- September 29, 2023
Our Supreme Court is termed as the most powerful court on the planet by the so-called eminent jurists. Even the ordinary civil courts can declare an Act of Parliament to be unconstitutional, though the power is not used in actual practice.
- September 29, 2023