When Supreme Judgement on National Judicial Appointments Commission (NJAC hereafter) was out, so many were aghast at the self-proclaimed ‘Collective Judicial Wisdom’ declaring themselves to represent ‘collective conscience’ of the nation which has never been judiciarys business, that often nation may not possess at all according to Supreme Lords. I am too, aghast because the ‘Collective Judicial Wisdom’ monopolised by four out of five Supreme Justices adjudicating NJAC is seriously flawed and supercilious too. As an ordinary citizen of the country, they must concede me the privilege to comment on the ‘renaissance’ of ‘Collective Judicial Wisdom’ goaded by the NJAC, denial of ‘Collective Common Wisdom’ of masses manifested through Parliament and turn pungently sarcastic sometimes to proclaim it ludicrous without being slapped with a contempt of court case by the so-called ‘Divine Lordships’ though it is not worth that indulgence.
Philosophy of NJAC is far too extensive and penetrating. It is mother of judicial independence and not the other way round because it allows collective conscience and wisdom of the nation to grow, metamorphose to maturity so as to be able to maintain an eagle-eye on sagacity of ‘Collective Judicial Wisdom’ going haywire. Issues of ‘Eminent’ persons and presence of Law Minister on NJAC could have been comfortably sorted out by the bench given their infinite ‘Collective Judicial Wisdom’. It has become all the more necessary as Hon. Supreme Court did not shudder at all at the hounding of a Chief Minister for full ten years, granted Anticipatory Bail to an anti-national like Teesta Setalvad, opposition to Aadhara for no rationality, generational delays in disposal of pending cases and more shockingly, allowing our daughters into vice-dens called dance bars, then calling upon Maharashtra Govt. to maintain, protect their dignity by removing CCTV cameras !!!!!!! Was that then the highest peak of ‘Judicial Glory’ or some more are yet to be conquered ? Legalising prostitution as an oldest honourable profession while ordering Union Home Minister/state DGPs to ensure their virginity/chastity remain intact/unscathed ???? Is that all what they are all mandated to perform seated on the highest seat of ‘Collective Judicial Wisdom’ ?
Human wisdom, collective as well as otherwise, is a very strange creature. Just as there is no limit to attainable greatness, there is no limit to delusional lunacy and depravity attainable, too. I humbly recall a great saying of an eminent jurist NA Palkhiwala to their ‘Divinised Lordships’, “Only if man had been a little bit more stupid or a little bit more intelligent, world would have been a much better place to live in.”
Supreme ‘Brother’ Judges raised serious doubts on ‘collective wisdom and maturity’ of the nation. There have been several instances when ‘Collective Wisdom’ of people has shown right path to the misguided ‘Collective Judicial Wisdom’ heading towards disaster of sorts. During Emergency, when Supreme Lords suspended fundamental rights to life and liberty, it was wisdom of the Parliament that restored it to its pristine glory under Morarji Desai led Janata Party Govt. When this Govt. was hijacked by ‘political pests’ like Charan Singh and Raj Narayana, they were promptly thrown out by the ‘Collective Wisdom’ of masses in 1979. More recently UPA headed by an Italy born, infested with traitors, crooks, history-sheeters, Havala racketeers etc. was also thrown out lock, stock and barrel, new Govt. installed heralding a paradigm shift in governance. What made Supreme Brother Justices apprehensive about ‘collective wisdom’ of common citizens of the nation ? Is it because they believe, masses are ignorant, semi-educated and thoughtless ?? Fine, then where was the ‘Collective Judicial Wisdom’ of all Supreme Lords when Justice Ramaswamy was being charged of corruption, accused and followed by unsuccessful impeachment motion in Parliament ? Comatose, isn’t it ?
One Learned Judge was not sure whether a Gay would ever be accepted/appointed as a Justice by the incumbent Government. Is it a sound and sane criterion to adjudicate wisdom and efficacy of a Government elected massively through collective common wisdom of masses whether they would ever recommend/allow Gays/Lesbians/Transgenders/Eunuchs/Pimps capable of delivering justice as justices of higher judiciary ?? Is the country short of normal/sane persons to man higher judiciary ? Are we all a nation of crazy guys obsessed with sexual abilities, disabilities or abnormalities in every walk of life ? Poser raised by the extra-ordinarily Learned Justice without condescending to disclose his preference, is extremely disconcerting, rather shocking to say the least.
The ONLY positive feature I discovered in that judicial pronouncement is that the ‘Divine Lordships’ confessed, Collegium system is not perfect and invited suggestions to improve !!! Fantastic indeed. As if the idea to improve the system never occurred to their so-called ‘Divine Lordships’ and other Supremely Learned Justices in past 20 years during the life of Collegium System !! Only when NJAC was enacted unanimously through Constitutional Amendment and ratified by 20 state assemblies, occurred to Supreme Learned Justices to invite suggestions to improve 25 year old system promoting Uncle/Aunty culture in higher judiciary. May I humbly mention to their so-called ‘Divine Lordships’ that in Scotland, judges are selected by common men/women as consumers of justice who happen to be absolutely common with no pedigree or elite DNA to boot at all. And the system has worked perfectly well. Collegium system of appointing judges was an extreme reaction to the unholy/unconstitutional shenanigans of PM Indira Gandhi who had a flair of demolishing sanctity of Constitutional institutions, Constitution itself and derogating judiciary being the most venomous/vindictive PM country had ever. How can an extreme measure in response to an abnormal situation be dubbed sound and acceptable for all times to come ? The Supreme Bench trashed a simple, unanimous and ‘brute’ unanimity of Parliament which is an ominous warning signal for the nation. Refusal to share ‘Collective Judicial Wisdom’ with ‘Collective Common Wisdom’ of the nation is nothing short of Judicial Terrorism/ Judicial Totalitarianism and such a judiciary must be over-hauled completely if not benched out altogether.
By the way, is it not “Wisdom Policing” of the nation by Supreme Lords ?? Why should Government not ignore their half-hearted belated moves to improve Collegium system meant to hide their acute embarassment ??
Nation suffered extensively at the hands of a four-generational dynasty for six decades and on several occasions, higher judiciary had been either supportive or turned around to look away. During Emergency, when the Highest Judiciary was asked by PM Indira Gandhi to bend, they gladly crawled before her. Now that the country is poised to achieve great heights of prosperity and transparency in all areas of governance under leadership of a Prime Minister of impeccable integrity, Supreme Lords have been over-cautious, rather blatantly hostile as if incumbent Government had been the real tormentor of nation all these years. If this is the ‘Collective Judicial Wisdom’ of higher judiciary, then scrapping of Collegium System by a Presidential order and enactment of NJAC are very urgently required.
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