Saturday, 4 April 2015

Which political party will reform India's judiciary?

Corruption in India gets sheltered by distorted judicial functioning i.e. stay orders, adjournments, unlawful judgements, etc. If judiciary functioned properly, about 80 percent of corruption would disappear. So, to tackle corruption in government and in private sector, we have to focus on cleaning up the judicial system i.e. Judicial Reforms.
Einstein used to say: "you cannot solve the problem on the level it occured". This holds true for judiciary. Judicial reforms cannot be achieved by filing a PIL, because that would be asking the judiciary to judge their own cause – sure to end in disaster.
To reform judiciary, we have to go to a higher level, namely the level of We The People, in whose name the various organs of government, including the judiciary, preside over the nation. We will have to awaken the people of India, and involve the other two organs of the State, namely legislature and executive. So judicial reform is a political agenda, and not a judicial agenda.
To mobilize public opinion and harness it for judicial reform, what we need now is a POLITICAL PARTY that puts judicial reforms in its manifesto.
However, there is a huge challenge: The social inequality and imperfections in democracy created by our present judicial system is advantageous to politicians. So, the political class is very happy with the present badly-functioning judiciary, and will be really unhappy if judiciary starts giving justice to the common man. So the Judicial Reform Party will have to be built from scratch, by people who are not politicians but are well-versed in the ways of judiciary.
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