206. The black-coat community needs reform

I have repeatedly stated my complete lack of faith in the Indian judiciary, and I am reiterating it again today.

I have several reasons, have witnessed many instances, and know many in the judiciary to substantiate my view.

My analysis indicates that the problems India faces, despite significant government push toward rapid growth, are due to two institutions – the police and the judiciary. These are the major obstacles.

The reason is that there has been no change or reform in either since the British left the country.

Enter any courtroom in the country or any police chowki, and you will feel it.

A judge who is completely cut off from the issues a common man faces is asked to render judgment in a theft case today, a rape case tomorrow, and a merger-and-acquisition case the day after.

There are countless misguided judgments we are aware of that prove this point.

In the Tamil language, there is a word – sakalakala vallabha - "Master of All Arts".

But is it possible? Absolutely No.

Most of the members of the judiciary are ignorant of many subjects, but one thread binds them all – corruption.

You go to any district in India, and just enter its Civil Lines area, which at some places is also called Company Bagh, and you will be surprised to find that most of the houses belong to people associated with this black-coat community.

Now, forget about the Indian judiciary and let us concentrate on America, where the court ruled that Trump exceeded his authority and should have obtained congressional approval for the tariffs.

The conservative-majority court ruled six to three, saying the International Emergency Economic Powers Act (IEEPA) – the 1977 law designed to address national emergencies that Trump had used to implement them – “does not authorize the president to impose tariffs”.

Donald Trump criticized the Supreme Court justices who prevented him from using tariffs, calling them a “disgrace to the nation." He later signed documents imposing additional tariffs on all countries.

Trump said he would immediately sign an order increasing tariffs globally under section 122 of the Trade Act of 1974, and would begin investigations of unfair trade practices, allowing further tariffs. He asserted that he had the authority to impose additional tariffs under existing statutes without congressional approval.

I am not interested in learning more about the Trade Act of 1974, but what I find ridiculous is that the so-called learned judges didn’t say anything about the judgment’s implications.

Tariff revenues for last year are estimated to have been between $240bn and $300bn, most of it owed by US manufacturers and consumers. The cost to the US government could be substantial if it is forced to repay US importers. 

But the judges were not concerned about the practical issues. They know only a rule book that any Tom, Dick, and Henry can read and pronounce a judgment.

Trump said the court has been swayed by foreign interests and by a political movement far smaller than people might think. “I’m ashamed of certain members of the court. I’m absolutely ashamed they didn’t have the courage to do what’s right for our country. They’re very unpatriotic and disloyal to our country,” he said.

In my view, what Trump was doing was good for his country, as it would revitalize American manufacturing. 

Prime Minister Narendra Modi should take a leaf from Trump’s statements and show the same courage whenever such judgments are delivered. Any citizen of the country can close their eyes and recall several such judgments, starting with the selection of judges.

Can anyone explain why in India, you can get a hearing the very next day if you have a member of the powerful group of advocates handling your case? But if you cannot get them, then forget about getting a closure to your case in your lifetime.

However, the judges never let a chance go by while taking cognizance of an incident and lecturing the governments.

Examining America’s judiciary reveals that judges worldwide share similarities.

The judiciary, as well as the black-coat community, needs a complete overhaul if we want India to be truly great, where its citizens feel a sense of freedom and enjoy their lives. They deserve it because life is short and nature offers enormous opportunities to enjoy life.

Lakhs of Indian citizens are, one way or another, in the grip of courts and troubled by this rotten system. Still, the cases keep mounting. 

The Indian judiciary needs urgent attention, and the government has all the power to do it.