FALL OF INDIAN JUDICIARY

FALL OF INDIAN JUDICIARY

Slowly but surely judiciary in India has been loosing her credibility and relevancy both.  Though the process of inerting judiciary started in the UPA 2 govt , under the present govt judiciary has been made an extended branch of the executive. No body can recall any judgement/order of the higher courts of these eight years  which have given relief to common people. And the higher judiciary has been adopting  an unheard  practice of keeping complaints in abeyance. And this attitude has encouraged lower judiciary which has already lost credibility in public perception. And this is not unfounded. Today two judgements one from the SC and one from local court of Banglore have drawan our attention. The SC has legalized the EWS reservation and thereby has given legality of extension of quota beyond 50% . This will open a pandora box in coming days. At the same time reservation on economic status has been defined within the boundaries of caste. Now the poor of backward castes have different compartment of reservation and the poor of upper castes have different. This will in coming days  intensify the struggle for becoming poor in different sections. Thus a poor of one section will be treated differently from a poor of other section. Further in place of evaluating the system of reservation in light of the original debates of the Constitution of 26 Jan 1950 the SC has made it a scheme of poverty allevation  . In original Constitution the provision of reservation was seen as a tool of social justice. Economic justice cant be ensured by reservation but the SC has lost the opportunity of initiating a meaningful debate . We cant ignore the fact in this context that the present CJI of India who was the part of the Constitution bench which decided the matter is the same judge who made an attempt to dilute the SC /ST Act against which India witnessed  violent protests and ultimately GoI had to go to the Parliament to nullify that judgement. The SC could also examine the limit of becoming poor in India. Per capita annual income in India in 2021- 22 is said to be Rupees 91481 but the limit of annual income for the EWS reservation  is Rs 8 Lakh and thus this reservation is effectively excluding the poor of the upper castes from the preview of the benifit of the reservation as we all know that those who are economically better are in a better position in all respects for attracting benefits. And all those who have any experience of functioning of government beaurocracy know how badly the system of administration sarkar here. Whatever a list of poor people are available in states their quality is very poor.  These issues of real importance were deliberately left to executive as the judiciary has no real intention to exercise her jurisprudence to direct the executive to devise a method which can uplift the poorest of the poor. Persons of a better income families of that block which is eligible for EWS reservation  have already better educational facility and better health conditions and so within the Upper castes those who are on higher side of the scale of Rupees 8 lakh are better equipped to appropriate the benefits of EWS reservation. It is a reality and in India more than 90 percent of the labour force is in unorganized sector and there is no tool in India to measure the real income of these people of the unorganized sector whose income do not have any formal accountant. In such a situation procuring an income certificate by local revenue officers is completely a mess and this breed corruption. Those who can influence local revenue officers by corrupt practice are in better position to procure income certificate of the amount of their choice. This situation is made more complex as there is no formal method of accountant income from agriculture and other un organised sector. 
    Second order has been delivered by a commercial court of Bangluru which on a complaint has shown unusual haste in entertaining  a complaint and ordered to down the Twitter handel of Bharat Jodo Yatra and that of some Congress leaders on an accustion of unauthrised use of a song of Kannada film KGF 2 for its play in the Yatra. We know songs are sold in markets for their popular play and there are many free and paid mobile apps which provide access to songs and music. Some of them provide the services free of cost and some others charge the customers. No question of copyright can be envoked against an individual or a group for playing a song unless the song and its music have been so distorted that it could provide some financial benifit to the user. But here the court has shown brazzen partiality.
   There are innumerable examples of partiality of the courts in India and these two examples have been taken just from todays news items.

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