Independence of the Judiciary
In India the myth that the judiciary are independent has been propagated since before 1947 in order to contain social unrest and pretend that all are subject to equality under law and rule of law. This is no different from other myths such as calling India a democracy, or secular, or talking about minorities, under a Constitution that has enshrined inequality under law and dispenses opportunities to own property, to be educated, to be employed, to own and operated places of worship and educational institutions and even contest elections, on the basis of caste, tribe, religion, nationality, status, proximity to power and so on.
After Indira Gandhi lost the Keshavananda Bharathi Case she created the Congress High Command. The Congress High Command collected files of criminal wrong doings of personnel in every service from the Judiciary to the Armed Forces, This was used to control public over lords and commissars through black mail. Soon, a criminal record became the sine que non of selection and promotion to key positions. This was in addition to being made partners in crime through pervasive corruption and the extortion promoting web of deceitful anti citizen laws. This is the main reason why, even today, the Congress party is able to use the Police, Civil Services and Judiciary to obstruct Narendra Modi.
The double helix that turned India into a law less land where only criminals succeed in doing business and get elected or selected to rule the Nation is rooted in the Constitution and the Judiciary.
In the course of several decades of “stay” Motherass High Court asked my lawyer, in open court, "If he wants to remarry, why does he not become a Moslem? Why is he still a Brahmin?". After several years of “stay” Karinayithikka High Court tells my lawyer, in open court, that the Indian Penal Code is not applicable here because this is not the US or UK, before letting off 10 accused VIPs (from 2 years SI for defamation and 3 years RI for fabrication of evidence) against whom I had brought a cognized criminal case. Both the stay and the quashing were regardless of law, facts, evidence or procedure. On appeal, the Supreme Court declined to uphold the rule of law.
The judiciary have been enabled to be unaccountable to notions of law, equity and fair play by the executive and superior courts through social engineering appointments and immunity from impeachment among other things and by the Constitution that has enshrined exceptions to both the Rule of Law and Equality under law in the Indian Constitution. Apart from eroding competence and integrity, the resultant culture has bred insouciance and arbitrariness of a very high order. The deleterious effect of this on the National character has been as extreme as the corrosion of education for political convenience. Today the Courts are defenders of the four important principles of any Banana Republic, "Just because you did it does not mean you are criminal", "Just because the statute book says so, does not make your actions a crime", "Evidence lies in the perception of the judge", and "Just because you did not do it, does not mean you are innocent".
Judges and journalists have more in common than the "J". Such as freedom from accountability, ignorance of facts, and indoctrinated prejudices
The primary difficulty in India is that citizens who have not been bitten, and they are legion, are lulled into a false sense of security. Throw a stone and you will hit a gull. And there is more than one fool born every minute.They believe that the law and the judiciary will protect them. This is not so. Though deficiency in service and false representation can be established under law to commence both criminal and civil prosecution, the rule of law has been rendered into popular fiction or mythology by Seventy Years of the Indian Republic which has been ruled by a nation of professional thieves. These Kleptocrats, to coin a word, may be called the acronymous. i.e. MBBS, LLB, BE, IAS, IPS, IRS, IFS, MLA, MP etc. etc. India is a unique country where the Boy Scouts, the Free Masons, Doctors, Law Makers and the Judiciary and all other Oath Takers have been turned into criminal enterprises in direct contradiction of what they ostensibly stand for. more