Independence of the Judiciary

The assumption that India’s judiciary was ever independent is laughable. It was Indira Gandhi who first used the term “Committed Judiciary” to obtain a Social Engineering Judicial class that would bow to her whims and fancies and rusticated India’s sole independent and Competent Supreme Court Judge ever, Hans Raj Khanna for ruling against her in the Kesavananda Bharathi case brought against the State by the Shankaracharya which put paid to her ambitions of turning India into a single party Stalinist-Maoist Totalitarian State,

In India the myth that the judiciary are independent has been propagated since before 1947 in order to contain social unrest and pretend that all are subject to equality under law and rule of law. This is no different from other myths such as calling India a democracy, or secular, or talking about minorities, under a Constitution that has enshrined inequality under law and dispenses opportunities to own property, to be educated, to be employed, to own and operated places of worship and educational institutions and even contest elections, on the basis of caste, tribe, religion, nationality, status, proximity to power and so on.

After Indira Gandhi lost the Keshavananda Bharathi Case she created the Congress High Command. The Congress High Command collected files of criminal wrong doings of personnel in every service from the Judiciary to the Armed Forces, This was used to control public over lords and commissars through black mail. Soon, a criminal record became the sine que non of selection and promotion to key positions. This was in addition to being made partners in crime through pervasive corruption and the extortion promoting web of deceitful anti citizen laws. This is the main reason why, even today, the Congress party is able to use the Police, Civil Services and Judiciary to obstruct Narendra Modi.

The double helix that turned India into a law less land where only criminals succeed in doing business and get elected or selected to rule the Nation is rooted in the Constitution and the Judiciary.

In the course of several decades of “stay” Motherass High Court asked my lawyer, in open court, "If he wants to remarry, why does he not become a Moslem? Why is he still a Brahmin?". After several years of “stay” Karinayithikka High Court tells my lawyer, in open court, that the Indian Penal Code is not applicable here because this is not the US or UK, before letting off 10 accused VIPs (from 2 years SI for defamation and 3 years RI for fabrication of evidence) against whom I had brought a cognized criminal case. Both the stay and the quashing were regardless of law, facts, evidence or procedure. On appeal, the Supreme Court declined to uphold the rule of law.

The judiciary have been enabled to be unaccountable to notions of law, equity and fair play by the executive and superior courts through social engineering appointments and immunity from impeachment among other things and by the Constitution that has enshrined exceptions to both the Rule of Law and Equality under law in the Indian Constitution. Apart from eroding competence and integrity, the resultant culture has bred insouciance and arbitrariness of a very high order. The deleterious effect of this on the National character has been as extreme as the corrosion of education for political convenience. Today the Courts are defenders of the four important principles of any Banana Republic, "Just because you did it does not mean you are criminal", "Just because the statute book says so, does not make your actions a crime", "Evidence lies in the perception of the judge", and "Just because you did not do it, does not mean you are innocent".

Judges and journalists have more in common than the "J". Such as freedom from accountability, ignorance of facts, and indoctrinated prejudices

The primary difficulty in India is that citizens who have not been bitten, and they are legion, are lulled into a false sense of security. Throw a stone and you will hit a gull. And there is more than one fool born every minute.They believe that the law and the judiciary will protect them. This is not so. Though deficiency in service and false representation can be established under law to commence both criminal and civil prosecution, the rule of law has been rendered into popular fiction or mythology by Seventy Years of the Indian Republic which has been ruled by a nation of professional thieves. These Kleptocrats, to coin a word, may be called the acronymous. i.e. MBBS, LLB, BE, IAS, IPS, IRS, IFS, MLA, MP etc. etc. India is a unique country where the Boy Scouts, the Free Masons, Doctors, Law Makers and the Judiciary and all other Oath Takers have been turned into criminal enterprises in direct contradiction of what they ostensibly stand for. more  

Indian judiciary, in spite of all lapses reported, yet remains a ever vigilant watchdog over the Indian democracy which always comes out with twists and turns. Had the judiciary not reflected the pulse of the Indian ethos at large, we could have seen a mockery of democracy. Political parties do always have their preaches and performance drafting far apart and it's the bounden duty of both the constitutional functionaries and judiciary that the longest serving Indian democracy survives and get going practising rule of law within a phenomenon that is always termed as a unity in diversity. Lets relish a sigh of relief. Adv. Sunny Varughese more  
We also have to seek amendments and reforms to many issues of Constitutional Objectives and Concept which places the Judiciary better serve its people and, to serve the Nation too . more  
"Oath Takers have been turned into criminal enterprises in direct contradiction of what they ostensibly stand for." became evident since after 95. Judiciary was also set at inevitable inability since 80s by the Ruling Executive . The Only reason is Governance being set under the Politically empowered Legislators who naturally never be either people oriented or at times, even nation oriented whenever the issue of the Ruling Power arise or tender. The root cause for this stature is non provision of calling back those perform away from the concept, objective and purpose of the Constitutional Mandates and the Laws enacted OR MISUSE AUTHORITY/ POWER. more  
Letting off Sidhu with a fine of Rs 1000 is laughable. SC and a fine of Rs 1000? Even Munsif would have imposed a bigger fine. Judicial is corrupt. more  
Points mentioned by Mr. Stephen aggravate the doubts whether SC has come under the Govt. more  
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