I MISS

“I Miss”

By

J.L. Gupta

The year 1964 was the first time that I had seen the Supreme Court of India. It looked grand and the functioning appeared great. Some time later, I had briefed Mr. M.C. Setalvad and had the opportunity to appear with him in Court No.1. Hon’ble the Chief Justice of India presided over the Bench, which consisted of five Judges. There were a few more such opportunities. Every time, even a junior counsel like me did not fail to notice a few things. May I try and recall?

Firstly, the Judges were punctilious about punctuality. You could set your watch at the appointed time when they entered the Court or rose at the end of the session. One and all. Without any exception whatsoever. None was even a second late.

Secondly, it was obvious that there was more of labour and less of lecture. Each of the Judges had gone through the files from cover to cover. They knew the facts. The questions, if any, were pertinent.

Thirdly, the atmosphere was always pleasant. The effort on the part of the Bar and the Bench was to show light and not to generate any heat.

Fourthly, the Judges looked only at the case. Not the Counsel. They saw the file. Not the face. In fact, a junior counsel was heard as patiently as any senior.

Fifthly, the presiding judge always looked to his right and left before passing the order and dropping the file. The Junior Judges were equal participants in the process of decision-making. The Senior Judges never imposed their own view or will.   

Sixthly, almost all the judges commanded respect because they were men of undoubted ability, integrity, learning and merit. They had been selected to adorn the Bench in the Apex Court on the basis of proven merit alone. Not on considerations of Caste, Gender, Religion, or the fact that there was none in the Court from a particular community or court.

And then, the Court really functioned as a Constitutional Court. A Constitution Bench was invariably sitting and examining issues of importance raised before the court. This was despite the limited number of judges.

All these things lent a peculiar grace and grandeur to the Court and its proceedings.

         Forty years later, in the year 2004, I again got a chance to see things for myself. Alas! The Court did not seem to be the same. And during the last ten years the slide has not stopped. Today, the things are not as these were 50 years back. One sees more arrogance. But less of ability.  Merit seems to have made way for mediocrity.

The fall of standards in Court may be really a reflection of the general decay in the state of the society. But those who sit in judgment over their fellow beings have to be superior. No wonder, the Court as an institution is still better than the other organs of State. How?

At the helm are those who delve in politics. It (Politics) is a combination of two words. Poli & Tics. Poli means many. Tics are the blood sucking insects. And this is what the politicians have actually turned out to be. They have eaten into the vitals of this nation. Reduced India from the land of plenty to that of poverty.

Then, we have the bureaucracy. It is bloated in size and ego. It only acts as the speed breaker on the road to progress. It costs the country dearly but does little to improve things. It has largely entered into a partnership with the politicians. The joint venture can be described as “Messrs. Loot India Unlimited.”  

         In this environment, the Court still stands out. It alone provides a ray of hope for the people. As a protector of peoples’ life and liberty. It checks the executive when it tries to act arbitrarily. The Court compels the Administration to Act when it fails to perform its duty. To illustrate: When Delhi was getting polluted and had become unfit for human habitation, it was the Court that compelled the polluting units to shut down. When buses running on diesel were becoming a source of pollution, the Court ordered all to switch over to CNG. Despite all the hurdles created by the executive, the Court had stood firm and saved the city to the extent possible. Such examples can be multiplied.

         Today, I really miss the glory and grandeur of the past. The subsisting glow  sustains hope. Hopefully, the men at the helm in judiciary shall restore the lost grandeur before it is too late.