Hypocrisy of Indian Judges

Survival of the fittest was the theory propounded by the Charles Darwin. It's true that it's not pertained to the nature of the Human being but later Herbert Spencer linked it to the Human being to buttress the Liberalism.

Though the theory is deeply contested but without any doubt, I can say that it stands true for the Indian "System". Everybody in the "System" wants to guard their position. No one, not a single institution is an exception to this.

A President of the Tiny Island state Maldives overthrown the Democratic structure but no one in Delhi alarmed the bell. Officers of the R&AW might be chilling on some beach of Male. CIA of USA, MI5 of Britain all are subjective to parliamentary scrutiny but not our agencies. Intelligence agencies strongly lobby for the Non-Accountability. The bureaucracy of the Defense ministry led by IAS officers also strongly guarded their position and not allowed any significant influence of the army officers in MoD.

Now, Let's come to the Main issue of the Judiciary. Before starting it's important to understand the difference between the Powers of the Chief Justice of India (CJI)  and Other Judges. CJI is not Just first among the equal but he is the Chief - Boss of the Judicial administration. So we must understand the office of the CJI exercise different powers than the Judges of Supreme court.

We all know about the details of the Letter written by the 4 Senior Most Judges other than the CJI about the functioning of the Court and especially about the opacity in the master of the roster. I don’t know the technicality of the Issues but the issue is all about that Four Judges want transparency in the Master of Roster. To understand this, I explained the Case of the Intelligence agencies and IAS officers in above paragraph.

Here, in this case, The Issue raised by Judges seems Rational but before that, they (4 Judges) must ask themselves that what their stand on the Transparency of their own offices? Master of Roster functioning was opaque (Now it’s in Public) and so the court functions are! Judiciary Guards itself from the ambit of the Right to information act (RTI). Judges are Accountable to Judges only. Judges are appointed by the Judges.  Before raising the question of the functioning of the CJI office, these 4 Judges should make their stand clear on the issue of the transparency of their own Offices.

I like to Retrace the Incident of the Gandhiji so that These 4 Judges might learn the lesson from that:- Be change what you want to see In others.

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( Story about Gandhji - If You aware of it, Skip it ) 

There was a young man who was obsessed with eating sugar.  His mother was concerned, knowing that sugar is a ‘bad’ habit and not good for the health of her son, she did her best to break him of the habit.   She reasoned with him, she scolded him, but to no avail.

Frustrated beyond belief, she decided to take her son to see his idoGandhiatma Gandhi himself, hoping that her boy would listen to him.

Making their way to Ghandi was no easy task.  They walked for miles under the scorching hot sun.

Finally, upon reaching Gandhi’s ashram, they found Gandhi himself standing there, and the mother explained, “Bapu, my son eats too much sugar. It is not good for his health. Would you please advise him to stop eating it? ”

Gandhi listened to the woman carefully, thought for a while and replied, “Please come back in three days. I will talk to your son then.”

Mother took her boy by the hand, returned home and in three days time, they once again walked miles in the scorching sun, making their way back to Gandhi, at which time he looked directly at the boy and said, “You should stop eating sugar.  It is not good for your health.”

The boy agreed.  He promised that he could end the sugar habit.  The boy’s mother was puzzled.  After all, could he have not said that in the first place, saving them the arduous trip?

She asked Gandhi, “Bapu, Why didn’t you just tell him that three days ago when I brought him here to see you?”

Gandhi smiled and said, “I was not qualified to advise the boy.  At that time, I too was eating lots of sugar.”

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So, these 4 Judges Should First make their office transparent and only then they should raise voice for the transparency in the CJI's Office. Here, I am not writing this to defend the CJI and Criticising the Move of the 4 Judge - Even I don’t know their name properly. But I am writing to Show that Every person in "System" having some power trying jealously to guard own position on the cost of the colleague or the cost of the public interest.

Hypocrisy is that when someone saying something and doing another thing. Hypocrisy is that preaching something and practicing another thing.  When 4 Judges defending the Collegium system for the Appointment of Judge and Non applicability of the RTI, They have no moral power to raise question against the CJI office.

Though I wrote here mainly about Judges but that doesn't mean other institutions different. From this Issue, An incident of the IAS association came to mind where they said that they should not be called "Babus". I don’t remember the details of the Issue but it was such case. Meanwhile, the IAS officers called the Road Contractor "Thekedar", but they don’t call Doctor "A Chikitsak"!