Wednesday, 1 April 2015

Judiciary -- a remnant of our medieval & colonial past

Our Constitution gave us a medieval monarchical set-up inherited from British colonial government, and said that this is the supreme guardian of our fundamental rights.
Our courtrooms are full of the stage props of imperialism, like gowns and bibs, gavels, ceremonial sceptres and high chairs. We are expected to bow and scrape and nod like bad actors in a Shakespearean drama, and mumble humble phrases like “Obliged, milord!” We write court applications on printed stationery with readymade slavish phrases like “For such acts of kindness, we shall ever crave”.
And this institution, which encourages such archaic imperialist habits, is supposed to protect us from the excesses of our modern democratically elected government or our modern fellow-citizens, corporates etc?
We are expected to move the courts to act by invoking ancient writs like certiorari and mandamus, dating back to British courts of 1000 AD -- which is completely alien to Indian jurisprudence…
And this mockup of a British imperial court is the ultimate safeguard of our democratic rights? Is this really the best justice system that We The People are capable of giving ourselves after 67 years of Independence? In all these years of Independence, we could not amend the Constitution and pass necessary laws to Indianize judiciary and make it sensible?
Unbelievable. Shame on us.

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