The role of judiciary became the object of discussion when, a few years ago, several top leaders and bureaucrats of the country were arraigned and made to face trials in various courts of the country on different charges involving huge amounts of public money. Every country stands safe on three important pillars that sustain it – the political leadership, the executive machinery and the judicial system. Each of these three systems is not only complementary to the other two but is also a sort of watch-dog to ensure that the other two systems do not go astray. The judicial system, however, enjoys the top position because it is almost independent of the control of the other two systems. The judiciary, as per the sacred Constitution of this country, has been given wide powers. An attempt has been made by the founding fathers of the Constitution to provide full autonomy to the judiciary so that the process of meeting out justice to one and all is free and fair.
The system of judicial controls has been going on in a very satisfying manner ever since India became free in 1947. Justice is this country can be delayed but it is never denied. Everybody is free to approach the courts whenever he or she feels that he or she is being deprived of his or her rights as a citizen of India. A provision has been made for providing legal assistance to those who are too poor to pay and fees to the lawyers. Justice has thus been brought within the reach of one and all.
Many a time it is seen that some undesirable elements try to misuse the legal process to either circumvent justice or to delay the process in such a way that delayed justice only amounts to the denial of justice. The judicial system of the country is certainly vested with remedies for such situations but many a time the sufferers are not aware of these remedies.
The role of judiciary was brought into focus when several cases and scams involving VIPs and VVIPs were brought to light either by the CBI or through some public interest litigations. Some startling or political positions to defraud the public and pocketed huge sums of money running into thousands of crores. Prominent amongst the scams that were brought to light were the Hawala Scam, the Fodder Scam, the Sugar Scam, the Telecom Scandal, the JMM pay-off scandal, the Housing Scam, the Banking and charges of corruption and irregularities were leveled against top leaders of the country. Even though some of these leaders succeeded in proving their innocence, a majority continues to fight the legal battles with their backs to the wall. Some of those charged were arrested are put in jail. While some of them succeeded in getting released on bail, others could not. Some leaders had to resign the high posts they were holding in order to prove their innocence. Others had to step down under strong public pressure. The whole country was shaken to the bones.
The entire process proved that none amongst the top leaders of the country could be labelled beyond doubt. In a situation like this, a big, powerful lobby is likely to work in the direction of suppression of the process of natural justice or bring a bad name to the judiciary or the judicial process. It is feared that some vested interests may succeed in throttling the judiciary in some subtle manner. Some people have already started using the terms like ‘judicial activism’ and ‘judicial jingoism’ to give the wrong impression that judicial system would prove suicidal for the country.
In spite of several constraints, the judiciary continues to play its role to the best of its ability. Many corrupt leaders, politicians and officers continue to be brought before the court on various charges.
Judiciary is the only hope of the country. There is no doubt that politicians and bureaucrats have failed in their duty to give this country a clean, honest government answerable to the masses. It is judiciary alone that can assert itself and call a spade a spade without fear or favour. The law of the land must be allowed to prevail. This is possible only if the judiciary is made stronger. Quick and efficient administration of justice must be ensured to one and all. India lives only if its judicial system lives ; India dies if its judicial system is stifled. No power, however big, should be allowed to circumvent the judicial process. Free and fair justice is the soul of this country.
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