K S Nagarajan
The author, a former Naval Officer who later served with ONGC, is a proud nationalist and patriot. He will be contributing a fortnightly column titled “Opinion” on issues of national importance. In this debut piece, he reflects on the erosion of public faith in India’s judiciary and the urgent need to restore constitutional integrity. — Editor
When senior judges of the Supreme Court step out to publicly air differences over power-sharing, it is not a good sign for democracy. The episode that saw judges going to the streets while also striking down the National Judicial Appointments Commission (NJAC) Act has, in my view, weakened public confidence in the judiciary. It is time for the Court to revisit and restore the NJAC Act to realign itself with the constitutional intent.
Before foreign invasions, Bharat was revered by much of the world — a land of peace, prosperity, and profound knowledge. The Mughal and British onslaughts attempted not only to loot but to erase our civilizational wisdom, replacing selfless leadership with pliant intermediaries. True freedom fighters were crushed, while opportunists were glorified as heroes. What was once the richest land on earth was reduced to poverty, while a few “native elites” flourished under foreign patronage.
That perception began to change only under the decisive, selfless leadership of Prime Minister Narendra Modi. Today, most nations view Bharat once again with admiration — as a moral compass and an emerging global leader.
Our freedom and Constitution were built on the vision of great minds — Dr. B. R. Ambedkar, Netaji Subhas Chandra Bose, and countless others — who dreamt of a just, self-reliant Bharat. Yet, those who collaborated with colonial powers weakened this dream. Pakistan, born from that partition, became a pawn in the hands of its creators — a “suicide regiment” serving external interests. Bharat, meanwhile, was divided politically and psychologically, even as the Constitution tried to uphold unity through Dharma — a righteous way of life rooted in conscience, karma, and rebirth.
Where We Went Wrong
Dr. Ambedkar’s Constitution is among the finest in the world. However, over time, vested interests have distorted its spirit. The document clearly identifies the President of Bharat as the first citizen, whose assent is required for all executive actions. The President acts on the advice of the people’s representatives, ensuring that democracy remains the collective expression of the Republic.
Judiciary, too, was meant to be a pillar of this Republic — equal, not supreme. Unfortunately, judges today appoint themselves, answer to no one, and occasionally encroach upon executive and legislative domains. The confusion between “consultation with the Chief Justice of India” and “concurrence” led the judiciary to assume excessive autonomy, contrary to the checks envisaged by the Constitution.
The NJAC Act, passed unanimously by Parliament and ratified by a majority of States, sought to correct this imbalance. Its striking down was a blow to democratic accountability. No constitutional authority should be above scrutiny — not even the courts.
Restoring Constitutional Balance
Articles 37, 50, and 51(A) of the Constitution lay down a clear separation of powers. The judiciary is expected not to interfere in policy matters, just as the executive must not meddle in judicial functioning. Unfortunately, some within the judiciary have blurred this line, undermining faith in justice itself.
Public trust erodes when justice is endlessly delayed — be it for Kashmiri Pandits, Bhopal Gas victims, or those affected by the 1984 anti-Sikh riots. The same lethargy has dogged major corruption cases — National Herald, 2G, or Fodder Scam. When verdicts take decades, justice ceases to be meaningful.
A telling anecdote from the legal fraternity captures the irony. When a judge once asked an eminent lawyer why he always represented undesirable clients, the lawyer replied, “Because good men rarely find themselves in court.” The truth is, the system leaves even the best men disillusioned.
Time for Accountability and Reform
To rebuild faith, we must enforce transparency across all constitutional institutions. Audit objections by the Comptroller and Auditor General (CAG) should not be buried in parliamentary committees. Articles 51(A)(d) and 51(A)(h) — which obligate citizens and officials to uphold honesty and excellence — must be given real force. Every public servant should be required to file periodic digital compliance declarations; failure to do so should trigger automatic suspension and disciplinary action.
Only when accountability becomes systemic will corruption recede and justice regain its moral force.
Bharat’s Constitution, culture, and conscience are intertwined. To reclaim our rightful place as a world leader — admired for both strength and righteousness — our institutions must reflect the same values our civilization has always stood for: Dharma, integrity, and equality before the law.
