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Feb 36 min read

The Legitimation Crises of the Indian Judiciary: A Failing State of Affairs?

Posted on 03/02/2024 (GMT 16:29 hrs)

Updated on 06/02/2024 (GMT 07:48 hrs)

This Post is Dedicated to

Bilkis Bano, whose struggle for ensuring justice still continues


Artwork: Rajib Chowdhury

and

Umar Khalid, who is the voice of dissent representative of the dawning of an age free from all exploitation…


Artwork: Rajib Chowdhury

Is the Indian Judiciary in jeopardy like all the other three pillars of Indian Democracy? Is it facing what Habermas called a legitimation crisis, whereby the effective manifestation of the normative provisions that provide the foundational core to an institution are somehow undermined, ignored, put into oblivion and so on.

We already came to know a few years back the following:

Here’s proof that poor get gallows, rich mostly escape. VIEW HERE ⤡ (As reported on JULY 21, 2015 © The Times on India)

Judiciary ramshackled, going to court is useless: Ex-CJI Ranjan Gogoi VIEW HERE ⤡ (As reported on 14th February, 2021) © The Indian Express

“Who goes to the court? You go to the court and regret,” Gogoi said, adding that it is those who can afford to take chances, such as the big corporate, who approach the courts. “If you go to the court, you would be washing dirty linen in the court. You will not get a verdict,”

“You want a 5 trillion dollar economy but you have a ramshackled judiciary,” he commented, adding that during the pandemic, 60 lakh cases were added at the trial courts, 3 lakh in high courts and nearly 7,000 in the apex court.

“The road map is to have the right man for the job. You don’t appoint judges as you appoint officers in the government. To be a judge is a full time commitment. It is a passion. There are no working hours,” he said, stressing that the training of judges should be robust.

Mukul Rohatgi, Ex-Attorney General of India, the deux ex machina behind the miseries of the victims of the DHFL scam, said in the NDTV interview⤡ (12/11/2020) by reiterating Hon. Justice Krishna Iyer, “Jurisprudence has gone astray, seem jail is rule, bail exception.”


Human Rights Compromised in India under the Oligarchic Regime

So, we have lost faith in the Indian Judiciary and its various branches!


Do you have faith in the Contemporary Indian Judiciary?

We have also found that some of the Judges, the shoe-lickers of the ruling party, are getting post-retirement appointments/jobs in various administrative positions after their retirement.

It must be noted that the CJI during the Ram Temple Verdict, Mr. Ranjan Gogoi, was nominated as the member of Rajya Sabha (Upper House) after his retirement as an award for his service to the team of oligarchs.

However, this very same Gogoi made negative remarks regarding the state of the Indian Judiciary. Hypocrisy ki bhi seema hoti hai! (Even the then Finance and Law Minister, Late Mr. Arun Jaitley, is also a prey to this type of hypocrisy: Jaitley On Judges’ Post-Retirement⤡):

This kind of nexus between the ruling political executive and the judiciary of the land seems to be going against the Constitutional idea of “neutrality” of the judicial stand as a defender of the Constitutional Values. Structural Favouritism, political aid in various forms makes the basis of judiciary pretty weak.

Now, the question remains, how far did this nexus go during the regime of the present CJI, viz., Justice DY Chandrachud? Did the judiciary at present fulfill its role and responsibility towards the Constitution of India? Or did it deviate multiple times? If it did, what is it for? The allurement of post-retirement jobs? Death-threats?

Many senior judicial officials, advocates and retired bar association members have pointed out at this concern, whereby they have raised concerns over the failure of the collegium system, the failure to uphold/promote Constitutional values, the falling apart of neutral standing, the issues in selection of cases, the plethora of pending yet urgent cases etc.

Let’s view a few links in this very connection:


Saffronization of Judiciary: An Open-Letter to the Chief Justice of India

Values of Indian Constitution Endangered: Heading Towards Hindu Rastra?


Senior Advocate Dave wrote the following letter to this incumbent CJI, questioning the transfer of cases from one bench to another as being in contravention of Supreme Court statutes:



Mr. Sibal has rightly pointed out the selective/partial behaviour of the Supreme Court of India at present in the recent case of Hemant Soren:



Now, let us get to a specific case in question, which is referred to in the featured poster of this post: THE DHFL SCAM.

The Supreme Court of India gave a “stay order” to the NCLAT verdict (27/01/2022) on the DHFL matter on 11/04/2022, upon the case filed by the so-called successful bidder of the DHFL, Mr. Ajay Piramal on 1st March, 2022.

Piramal is a habitual stay order seeker, whereby he usually interprets those stay orders as “blanket”, and not as “ex parte” stays that could be uplifted if the Court so desires.

The SC or the CJI (or even the CJI before Justice DY Chandrachud) has not yet bothered at all to delve into the matter despite multiple requests, letters, appeals, mass petitions etc., from the DHFL victims:


In Defence of Doubting Everything: A Letter to the Chief Justice of India

Mass Appeals To The Hon’ble CJI Through Snail Mail and Email

Urging for the Hastened Resolution of the Cases Related to the DHFL: a Letter to the Hon’ble CJI

Sign the Following Petition!


Praying for taking Suo Moto Cognizance for the DHFL Scam Victims: an online petition to the CJI of India

Pleading for the DHFL Victims’ assertion of agency- marginalization due to financial abuse: A Letter to the Hon’ble CJI Chandrachud

Praying for ensuring Distributive Justice to the victims of the DHFL Scam: a letter to the Chief Justice of India

Submitting public petition for suo moto cognizance for the DHFL Scam and the problems of security of the decision-makers: a letter to the Chief Justice of India

An Appeal for Suo Moto Cognizance for the Victims of the DHFL Scam: a letter to the Honourable Chief Justice of India

Mr. Piramal is allegedly claiming ownership of the DHFL while the case is still under adjudication or sub judice? How can he possibly do that?

Shouldn’t the Supreme Court of India make Mr. Piramal answerable to lakhs of small depositors of the DHFL, who have lost all hope on the face of losing their lifetime hard-earned savings?

How can Piramal always get hastened/speedy justice in the Indian courts, where so many cases relating to the issues of common Indian masses are still pending without any resolution for years?

Why is the Supreme Court of India not heeding the case of the biggest financial abuse in India, i.e., the DHFL issue?

Is it trying to obtain certain favours from the current ruling party, i.e., the Bharatiya Janata Party (BJP), by not resolving the pending cases related to the DHFL matter, whose involvement in the said scam through terror-funding is clearly visible?

Where will the citizens of India, whose business-related rights have been curtailed, go then? Who will they approach for justice?

Justice delayed is always justice denied!

UPDATE (06.02.2024):

The Recent Chandigarh Mayor Election vote manipulation with the direct involvement of the Presiding Officer in the said event has further led to reflections on the present CJI’s role:


“Balancing Act” — that is the buzz word! Justice Chandrachud is servicing his lips only without ever addressing the role of the ruling party in EVM manipulation, ballot control, booth capturing etc.

What about the 15,000 complaints received in the recent assembly elections? Why Justice Chandrachud does not pay any heed to these serious electoral manipulations? We are subscribing Ms. Sakshi Joshi for mentioning the phrase “balancing act” of the CJI. The Hon’ble CJI is trying to hide major complaints by focusing on a “minor” (?) event.

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