I have often contemplated, what is the biggest ailment to our great country.
When I was younger, I used to think it is corruption. Its easy to think in those lines, given the news and atmosphere we are exposed to. However slowly I have come to a realization that corruption and various other issues like criminalization, waste, inefficiency and almost all other problems of our society are a result of a bigger problem. The root of all other problems.
The problem is our Judiciary.
Courts are supposed to be a weapon in the hands of the common man. However, such is the state of our judiciary that the common man is the most afraid of the system and the hardened criminals and the law breakers rig the system to their advantage. In no other modern democracy, can a case go on for decades.
Think, if our courts delivered quick and efficient justice, most of the corrupt, and criminal elements of our society would not have had the courage to take the law into their own hands. They care 2 hoots for the courts and simply engage a lawyer who will take dates on their behalf on one ridiculous pretext or the other.
I just read a report that in contract enforcement, India’s rank comes in at 178 in the world. Out of 188. Let that sink in. Contract enforcement is the sole jurisdiction of the courts. Even tin pot dictatorships have a better judiciary than us. Why would any foreigner invest in India, if there are no guarantees to their investments.
What galls even more is the holier than thou attitude of our Judiciary. Refusing to even acknowledge the problem and blocking all attempts to reform, from outside or inside.
We seriously need a solution to this problem. We need more courts, more judges, time bound case decisions, better use of technology. We need to take lessons from other countries, best practices adopted.
Supreme court will need to take a lead in this, as it is its domain. Instead of wasting time on frivolous issues it need to sit down and come up with a solution to this. As this is the most urgent issue facing India.