India, the largest democracy, is facing formidable challenges which require serious consideration and organised, sustained and strenuous efforts to save democracy and the rule of law. A large number of conscientious citizens and intellectuals were shocked when they heard disturbing comments from no less than the country’s Law Minister, Kiran Rijiju, that some three or four former judges are ‘acting like tukde, tukde gang and anti-nationals’. Such irresponsible remarks against honourable judges are unthinkable in a real democracy. In such a case, the government would have taken strong action against the commentator, which might have resulted in his dismissal or resignation. But, unfortunately, this did not happen in our country.
A cardinal principle of democracy is that every citizen has freedom of expression. He is at full liberty to disagree with the policies of the government. He has a right to criticise the policies and try his best to get those policies changed through debates and peaceful means. It is unfortunate that even learned former judges are being threatened that they would be taught a lesson and nobody would be spared. This is not less than a death sentence for freedom of expression and spirit of democracy.
The above mentioned remarks are being seen in the background of a seminar organised by eminent legal expert Prashant Bhushan on 18th February 2023. It was attended by some former judges of the Supreme Court, High Courts, members of National Law School, National Judicial Commission and a large number of eminent lawyers and legal luminaries.
It appears that the government is scared of the liberal policies of the present Chief Justice and other broadminded judges who are not ready to endorse unconstitutional acts. The government wants a subservient judiciary which will play the role of yes-man. Already the British legacy ‘Sedition law’ has been suspended by the Supreme Court. It has refused to accept ‘sealed covers’ and is insisting on openness. It has made its thinking manifest that collegium must have its freedom and the powers that be should not exert pressure to appoint committed judges who would toe the government’s line.
These trends are an indication that the higher judiciary will do its best to safeguard the independence of judiciary and do its best to maintain rule of law. Let us pin our hopes on the wisdom, sagacity and commitment of our judiciary to the spirit of our Constitution.