ERADICATE CASTE; END RESERVATION: DEFEND NATION

Thousands of young and some not so young people have assembled at Jantar Mantar protesting against caste-based reservations in institutions of higher learning and all employments under state. Media coverage has been fairly muted. But police oppression has been far more violent and brutal than what was witnessed during Cockroach Janata Party led agitation. There are clips on social media platforms showing pro-reservation groups violently attacking peaceful protestors, and particularly targeting young women, right under the nose of police. Unfortunately, some cops also appear to be unleashing violence and intimidating protestors in total violation of law of the land.  

Protestors contend that they are facing brazen discrimination in a free society on basis of their identity; Despite doing significantly better on parameters of merit, their comparative access to opportunities far higher learning and employment with state has been curtailed. Whereas a small minority of richer members of SC, ST and Other Backward Communities, who collectively constitute nearly 75 percent of total population of the country are getting overly preferential treatment ignoring merit, skill and even threshold level of efficiency in institutions.  

They maintain that issue is not about employment and education lone. The entire process is undermining spirit of democracy, national cohesion and our aspiration for optimal and comprehensive advancement as a nation. Such open caste politics has eliminated space for political accountability and efficiency in governance. Even corruption appears justifiable on account of caste and identity politics. The entire issue has deepened caste divide that in return appears to have substantially hollowed out our democracy, where people no longer identify with each other as citizens. This is making a mockery of rule of law, free and fair competition as well as natural rights of all citizens as enshrined in the constitution. 

Reservation is a highly emotive issue that has polarised society to such an extent that a solution shall be extremely difficult for the same.  Beneficiaries of reservation allege systemic discrimination of their forefathers over centuries. There is enough substance in the same. Members of Dalit community have faced brazen discrimination until recently. But evidences suggest that these may have originated largely during medieval era when India itself was under foreign rule. The poorest among the local population were more oppressed than the rest. The remedial measures in form of reservation did help improve plight of Dalits in many pockets of the country. Yet poorest of the poor, continue to face indignity and humiliation irrespective of their identity.

But sustained political mobilisation in name of caste, over the last several decades, has vitiated entire social environment to an extent that emotional and psychological cohesion of India as a state and society has come under threat. I recall exchanging few words with an illustrious former civil servant turned former parliamentarian and former Minister a few months back. He cautioned me that even word against reservation could invite such mob lynching that one's corpse would be found only in some deep gutter and hence no sensible person should ever attempt it. 

Numerical arithmetic of caste politics is such that no political party could afford to oppose caste-based reservations. Simultaneously, there has been large-scale articulation of hate on social media against financially poorer members of so-called socially higher castes. Some of the majoritarian caste groups have threatened to expel and enslave section of so-called higher caste, violate their women and frame them up in fake cases as they controlled the systems now. They charge members of Brahmins, Thakurs and Vaishyas of denying rightful opportunities to majority of Indians. Such hate helps mobilise significant sections of Hindu population and entire Muslim population who otherwise account for over 90% of Indias against 10 percent of Savarna population.

National Cohesion, Equal Opportunity and Fairness

     The discourse over reservation has perverted into clash of sub-Hindu identities at the cost of national cohesion, efficient governance and rule of law. In contest of privileges, the very core principles of governance and national security and national power have been relegated to irrelevance. In eight decades of independence, massive social engineering and re-engineering has taken place. Many members of OBC, ST and SC have become financially and politically powerful. The current phenomenon is not merely about reverse discrimination alone. It is about entitlement at the cost of optimisation of national strength. It is true that several members of Dalit community and even OBC continue to live in abject poverty. Yet at the same time, a significant section from them who have been uplifted, continue to corner most benefits in name of disadvantaged caster. Simultaneously, many communities from the so-called higher caste were never wealthy and yet sections among them were charged with perverting religious practices and rituals especially during pre-independence days. Some of these atrocities keep happening even now. But it appears more an outcome of deficient rule of law.

Nationalist and patriotic forces who advocate national cohesion and rule of law, maintain that true issue is erosion of national cohesion and denial of equitable access to opportunities. These are crushing of the spirit of genuine competition that fosters excellence. The percetpion is gaining ground that the current system is breeding entitlement, obfuscating governance, legitimising corruption, and perpetuating societal fissure. All of these seriously threaten our long-term security and optimal progress as a state and civilisation. Indiscriminate and sustained use of reservations no longer remains a ladder to uplift the disadvantaged. It has rather become a fortress for vested interests, possibly pursuing geopolitical agenda of global deep states seeking to crush optimal progress of India. They need not wage a war for this. By foisting mediocrity and entitlements at cost of excellence, innovation and integrity, they shall be able to choke optimal progress of India.

    Genesis of Reservation: From Interim measure in 1950 to Mandal Commission:

Reservations were brought in Indian constitution, initially for 15 years only as an interim measure to ensure representation for most impoverished and deprived castes as well as certain tribes in govt services and institutions of higher learning only as an interim measure. Simultaneously, it was expected that with rule of law, universal access to quality education and creation of dignified employment opportunities for all, the need for reservations shall  end. However, reverse happened. Successive regimes found reservation as a convenient tool for political mobilisation. No one dared ending reservation in 1965 and it has been successively extended. In fact hundreds of newer communities have been added in the list of Scheduled caste and Scheduled Tribe with suspected agenda of expanding support base.

Amidst all these, Mandal Commission recommendations were implemented sometime in 1990. The background of its implementation was interesting.  Vishwanath Pratap Singh, the then Prime Minister who had formed a government following 1989 polls suddenly found himself in precarious position following withdrawal of support by his associate Chaudhary Devi Lal, a political strong man from Haryana. It is believed that it was out of panic that Singh implemented these recommendations that were lying cold storage. His objective was to surge mass support in his favour by stoking caste identity. He did it at a time when sections of Indians were talking about implementation of Directive Principles of State Policy, which envisioned building a fairer, just and an achievement-oriented society.

     Implementation of Mandal Commission recommendations in 1990 had triggered violent protests, including suicides among students. A large number of youth and leaders from even OBC communities had voiced their apprehension that the move would deeply fracture in India’s social fabric and national cohesion.

    Since then reservation has appeared less about empowerment of communities and more about political arithmetic that has allowed successive regimes evade accountability on governance performance and hide behind caste arithmetic and oppress anyone who questioned them. It was remarkable that in 2014, BJP was able to bridge caste divide to a substantial extent by securing landslide victory in name of Hindu unity. This was the era when UPA regime appeared too meek to resist sustained Islamic terror attacks and was overly placating Muslim hardline groups by going soft on Islamic terrorism.

The Enormity of the Problem

    The issue of reservation appears to have assumed monstrous proposition since then. There have been instances where people with minus or big negative markings have secured seats in specialist branches of medical and engineering colleges whereas those with much higher positive marks have missed out. This is being cited as day light murder of merit, which is impacting comprehensive performance of the nation and bringing down standards in every sphere. India’s premier medical and engineering institutions, such as AIIMS and IITs, have witnessed repeated controversies where merit seats shrink and reserved seats expand disproportionately. The net consequence is serious decline in institutional excellence. When doctors, engineers and scientists are recruited not over competence but over caste, the sanctity of healthcare delivery to national infrastructure and scientific progress of the nation appear compromised or sub-optimal. 

    Similar is the plight of civil service. Leadership level roles in bureaucracy are not meant for employment generation. These are expected to provide high quality regulatory and enforcement services to drive excellence in overall governance and national productivity. But the steel frame of state is being held hostage to caste identities. Officers are recruited and promoted not on performance but on entitlements. Corruption is justified in the name of caste loyalty. Rich elites within backward communities ensure their dominance by keeping their own communities poor, thereby perpetuating dependency and resentment.

 Identity Obscures Performance in Governance

 Governance parameters—efficiency, innovation, accountability—become irrelevant in Indian democracy where caste loyalty supersedes competence. Ministries, universities, and public institutions are filled with individuals who owe their position less to excellence and more to entitlement.

Corruption, nepotism, and rent‑collection are rationalised are more often, in private,in name of empowerment of backward and oppressed communities and their right to help out their own community. The rule of law has been turning increasingly unsustainable amidst rising levels of corruption and caste loyalty. Individuals even within the backward and scheduled communities lack motivation and urge to optimise their potential and excel to the best of their capacity. The net outcome is institutionalisation of mediocrity and total cap on innovation. This is what explains an entire ecosystem, characterised by corruption, entitlement and reservation, where Indians living inside India are rarely known for excellence and innovation whereas same Indians do so very well once they migrate to advanced economies and societies, governed by higher quality of rule of law and meritocracy.

Elites from SC/ST and OBC communities have become disproportionately powerful in politics and business. Even Prime Minister of India has repeatedly claimed that he belongs to one of the most "backward" communities. This is a clear indicator that definition and meaning of backward has nothing to do with deprivation. Wealthy members of these communities, otherwise monopolise benefits, while the genuinely poor remain excluded. This entrenches inequality within communities and perpetuates resentment across society.

 Need for A Deep and Long View

    Indians, especially their elite, need to extricate themselves from self-seeking petty parochialism and mutual hate towards each other. There are many case studies by eminent sociologists like M N Srinivas, Yogendra Singh, Ghurye, Andre Beteille etc who have demonstrated that castes or Varnas were never closed groups. Even royalties, after defeat in wars were condemned to status of outcastes or Dalits whereas leather workers became Brahmins and tribals and Shudras became Kshatriyas and royalty. The word Dasa and Dasyu has been intermittently used in Vedic texts appears more in context of tamed communities who might have been violent and aggressive otherwise and robbing or attacking the dominant tribes.

    Contrary to Islamist historians seeking to project that India also practiced organised slavery, Kautilyan work or for that matter its predecessors like Parashara, Bharadvaja, Vaisalksha, Vatavyadhi, Pisuna etc have never mentioned about organised slavery. One of the primary reasons that ancient India lacked impressive monuments like palaces of Kings or private tomb of royals and elite was absence of organised slavery. All mega structures all over the world – varying from Egypt, Rome, West Asia and China etc had been built by slave labour. Whole of West continued to trade in slave labour until the end of 19^th Century. Even Oxford and Cambridge history of India written in 19th Century by the Western experts have maintained children from same family were assigned different castes depending upon their aptitude and ability. It is unfortunate that in course of time these divisions became hereditary.

    Things could never have been ideal in an externally subjugated prosperous society. Hereditary entitlement in name of caste may have played a prominent role in decay and degeneration of India. It is time that Indians realised this and came out of this trap to appreciate their real governance challenges and priorities.

Meritocracy Alone Sustains Excellence

    A vibrant society thrives on meritocracy and fair competition. Entitlement driven politics or bureaucracy or political mobilisation in name of caste robs  democracy and patriotism of its soul. Instead of uniting citizens under a common identity, caste and entitlement fractures society and kills excellence.

    We have seen how societies like Singapore have risen from poverty to prosperity by institutionalising meritocracy and not seeking refuge in entitlements. Competence, innovation, and integrity sustain all round excellence of that island nation. Similarly, South Korea’s investment in universal education and competition transformed it into a technological powerhouse. Norway or model democracies of Scandinavia have institutionalised fairness and equal opportunity in all dimensions of life to outperform giant states on parameters of public infrastructure and efficiency of governance institutions. Even China’s sustained surge is driven by exceptional level of meritocracy and performance driven specialist leadership in civil service. India has enormous potential and strengths. Reservations is not the sole form of entitlement but it would be seen that the biggest votaries of reservations are all entitlement driven dynasts in Indian politics and the rest have also fallen in the trap. On the other hand, we have allowed entitlements and caste politics to crush our comprehensive potential and national cohesion.

 Towards Future

India needs to restructure its bureaucracy, the enforcement arm of state to ensure:

1. Universal Access to Quality Education : investments in schools, universities, and vocational training can enhance productive capacities of our entire population. Instead of raising competition for few super rewarding jobs, every job should offer a degree of dignity and reasonable level of economic security.

2. Creation of a culture of genuine leadership  at district level: Instead of current collector Raj, I have recommended creation of capable people’s representatives and experienced and mature CEOs from bureaucracy. They must plan and build capacities in collaboration with all concerned within the state and central govts to ensure gainful employability of entire population. Details in this direction are available in my interviews and other papers.

3. Universities, civil services, judiciary and defence forces are strictly kept away from caste politics:  These must induct and reward incumbents on basis of performance and excellence.

     We are living in a highly competitive world. We must appreciate that any fissiparous or divisive measure that fractures our national cohesion and leads to sub-optimal performance on governance parameters threatens not merely national cohesion but also our long-term security as a nation.Reservation was conceived as an interim corrective. It has long outlived its utility. Its time we transcended from caste divide to national cohesion.  Perpetuation of every form of entitlement threatens our national cohesion and national power. We must move towards creating fair and equitable opportunities for all and harness the same for optimising our collective strength as a nation. Liberation from caste and religious divide is a precondition for this purpose.

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INDIA: REFLECTIONS ON 80TH INDEPENDENCE DAY

An Impartial Reflection

     As we celebrate our Eightieth Independence Day and pay our respectful tribute to our freedom fighters, many of whom sacrificed their everything, including their lives at prime of their youth, we must also reflect upon our journey as a republic. 

    Independence from colonialism was an opportunity to renew, regenerate and regain our uniquely humanist civilisational identity, driven by values and ethos that had once catapulted us to the pinnacle of exceptional intellectual, scientific, material, cultural and spiritual advancement, long before foreign rule and colonial subjugation. Regeneration of eternal humanism, and contribution towards betterment of the world, was the promise that we had held not only to ourselves, as a nation, but to all those sections of humanity that had believed in us.   

     Our journey, as a republic, over the last eight decades is filled with such accomplishments that generate pride. Yet it is also marred with severe under performance and disappointments on several counts, especially given our promises and potentials. 

     This piece attempts a dispassionate and objective evaluation of journey of independent India only to offer a perspective towards better future for Indians and the world.   

Our Progress As a Unified Nation

    Our evolution as a unified and cohesive nation, given the conditions in which we gained independence in 1947, is an account of grit, determination and vision of the earliest architects of independent India. They proved all naysayers wrong who had doubted our ability to hold together as a nation, given our diversity and constraints. 

    We have survived horrors of partition, deprivations of poverty, unprovoked wars imposed by deceitful neighbours, protracted insurgencies backed by external forces, linguistic and religious tensions ignited by parochial forces, social upheavals and internal turmoil inflicted by overly ambitious politicians and authoritarian streaks of few elected leaders. We have often faltered on geopolitics and security due to prolonged disruption of scientific practices of statecraft during foreign rule. 

    Yet we have remained a stable democracy and a vibrant society. Governments have repeatedly changed hands through largely free, fair and peaceful elections. Unlike many post-colonial states, who have faced recurrent military coups, we have had a remarkable democratic continuity, despite enormity of our challenges. This is again a reflection of higher quotient of societal trust and altruism in society that had survived despite centuries of foreign rule. It is this strength that enabled us sustain democracy even under most adverse circumstances. 

Economic Transformation

    The economic transformation of post-independence India, despite severity of constraints and sub-optimal institutions, is testimony of resilience, innovation and adaptability of our people. From an almost a semi-primitive agrarian and state-controlled economy, we have evolved into a dynamic global economic hub.  With a roughly $4 trillion economy, growing at 7.6 percent in 2025 according to the World Bank, (India Development Update - April 2026: https://data.worldbank.org/country/india), we are one of the major drivers of global economic growth.  

    Our digital infrastructure, pharmaceutical manufacturing, formidable space programme, sustained information technology output, transformative automotive sector, surging financial technology prowess, clean energy, semi-conductor and AI initiatives and overall entrepreneurial ecosystem have given us a strong global heft. Yet we our overall performance remains suboptimal. We are one of the poorest countries in the world, in term of per capita income.  

    Nevertheless, success of Chandrayaan-3, Aditya-L1 and the continuing expansion of India’s space capabilities have demonstrated that Indian institutions can accomplish far more complex goals with sheer competence and commitment of our scientists driven by a stronger national purpose (Achievements of Department of Space - 2025).

    Similarly, achievements of our global diaspora reinforce our self -belief as a people. Most expatriate Indians are intelligent, prosperous and disproportionately influential and contributing to progress of several advanced economies with relatively transparent, efficient and equitable institutions. This only reinforces belief in strength of Indian way of life, characterized by family values and unqualified parental support to children. If we can build efficient institutions at home that can nurture and harness our human resource for national purpose, probably the quality and pace of our national advancement shall multiply manifold.

Uncomfortable Paradox:

   India after conclusion of first quarter of 21st century manifests a paradox of world-class excellence amidst an ocean of societal constraints and institutional mediocrity.

    National Family & Health Survey (NFHS)-6 has found that 29.3 percent of Indian children under five had stunted growth and 19 percent were underweight due to malnutrition. (National Family Health Survey (NFHS-6) 2023-2024 Fact Sheets.pdf) Figures were 38 percent and 32 percent respectively 5 years back. Both the factors are known to cause severe impairment of physical strength and cognition capacity leading to sub-optimal productivity over life-time.

    Successive Annual Status of Education Reports continues to reveal serious deficits in foundational learning. Our workforce remains inadequately skilled. Similarly Economic Surveys have repeatedly highlighted the extraordinarily low proportion of Indians receiving formal vocational training.  

    Approximately 800 million Indians, accounting for over 60% of total population depend upon free ration for survival. 

    The most important resource of a nation is not land, minerals, metals and capital. But it is the quality of human resource and cohesion among them. This is what drives progress of a nation and advancement of a civilisation. While we are deficient in natural resources as well, given the size of our population, significant weakness in our overall quality of human resource, especially their skills and productive capacity and quality of cohesion, is seriously worrying.   

Unprofessional Generalist Bureaucracy?

    Our bureaucracy has many brilliant and incorruptible incumbents. Yet it appears substantially entitlement driven, unprofessional and rent-collecting behemoth, lacking uniform capacity and commitment to address transformational goals and priorities of the nation. But to be fair to spirited and visionary incumbents within civil service, institutional and societal ecosystem also do not provide a conducive environment for excellence, innovation and integrity.

    Citizens spend huge time and energy navigating bureaucratic hurdles for their day today existence. It is nearly impossible to get even birth and death certificates without bribes in most parts of the country. Victims of even most heinous crime struggle to register FIR with police if they cannot pay or lack connections. 

    Entrepreneurs struggle with routine permissions, regulatory uncertainty, litigation and informal transactions or underhand payments.  Bureaucratic institutions rarely encourage and support entrepreneurship with timely approvals and proper guidance. But illicit networks often appear to thrive right under the nose of regulatory institutions or at times in collusion with malicious elements within these. Innovators in critical areas of advanced technology or even national security encounter more administrative friction than cerebral challenges. 

  Simultaneously, upright and professional civil servants often discover that integrity pushes them more often on a lonely and risky trajectory. At times, these invite severe systemic wrath and even all-out hybrid warfare that is impossible for inadequately paid honest civil servants to withstand. 

    Instead of any quick fixes, we need a comprehensive restructuring of entire Indian civil service. I have outlined earlier that the current structures - where generalist paratroop at the top - makes our entire governance apparatus uncompetitive by substantially eliminating space for expertise and competition driven excellence. Besides, leadership has become more complex where a degree of technical expertise and continuity, alongside larger vision, appears indispensable for effective output. 

     We are living in a highly competitive world. Inefficient civil service can retard our comprehensive national output on various parameters of progress. A trimmed and efficacious civil service, where recruitments are based on combination of aptitude, skills and commitment shall re-energise governance. Similarly, if leadership roles are earned by performance- both on parameters of technical and leadership output- it may usher in a process of healthy competition, raising the levels of excellence

    Like judiciary, unnecessary frills and colonial privileges within bureaucracy also generate insecurity and entitlement among incumbents. Civil servants need to emerge as professionals and contributors of national power. 

    Ironically the current bureaucratic edifice has been inherited from a colonial government that did not trust local population and hence they positioned their own nationals at the top, even if they were not capable of addressing responsibilities. Later they opened doors for loyalists from local population as well. But the primary objective of colonial civil service remained ensuring State control over local population and stability of ruling machinery rather than wellbeing of the people. Post-independence Indian civil service has undoubtedly evolved. But far more is required to infuse professionalism, integrity, excellence and autonomy within its ranks to lend greater earnestness to our goals of accelerated national transformation. I have dealt with this issue in my earlier write ups and Indocracy interviews as well.     

Sluggish, Inconsistent and Inaccessible Criminal Justice System

    A sluggish, inconsistent and inaccessible criminal justice system, widely perceived to be substantially corrupt, has been choking our collective progress by breeding avoidable conflicts and frictions. I have written extensively on this issue in recent months and even earlier. There are many brilliant judges and fearless cops. Yet they appear inadequate in larger systemic encumbrances choking our justice delivery system. 

    The National Judicial Data Grid currently records more than 5.4 crore pending cases, including nearly 3.9 crore criminal cases (Judicial pendency in India | Data For India). The justice that arrives decades late, if not beyond lifetimes, and often skips less publicized cases, substantially loses its meaning, purpose and credibility. When people are exposed to chronic injustice, oppression and insecurity, where injustice appears a norm rather than exception, it may lead to persistent hyperactivation of the amygdala and stress pathways. These can produce long‑lasting epigenetic modifications in genes, negatively impacting psychological health, emotional stability and overall outlook to life. 

    Similarly, people getting away with breach of social trust and assault on society develop another sense of entitlement. Over time, these changes reshape neural circuitry for fear, anger, vigilance, anxiety, distrust, societal dishonesty, emotional imbalance and a variety of other disorders etc. Some of these neural disorders may get so deeply embedded that it may persist over generations. 

    I once again reiterate that judicial clogging and inconsistent justice can never be resolved raising the number of judges. I have recommended a very large number of concrete measures in my earlier write ups. These include de-colonisation of character of Indian judiciary to banning of practicing lawyers from turning judges, besides measures against cronyism in recruitment to higher judiciary by collegium method among others. Professional knowledge, skill, courage, integrity and mental resilience must be at the core of both recruitment, training and mental conditioning of judges at all levels. 

    Similarly, litigation process needs simplification. Perjury and frivolous or avoidable litigations deserve criminalization. Specialisation among litigation lawyers and transparent fee structures, defining number of hours required in each category of matters, shall prevent monopolization of courtroom victories and lucrative cases by few top lawyers. While false complaints of corruption against sitting judges must be severely punished but credible allegations and willful subversion of justice require an impartial investigation and deterrent punishment. 

    Indian state needs to consider withdrawal of constitutional immunity of judges up to the level of High Court. Supreme Court should rather have a Judicial accountability commission as a bench to continuously monitor conduct of 1000 plus Judges of 20 odd High Courts of the country. Such accountability will enhance the quality and speed of justice delivery system and substantially ease pressure on top court. Similar credible Internal Complaint Commission or Accountability Commission is required for district court judges at High Court. Constitutional immunity for judges should be restricted only up to Supreme Court. Voting in impeachment procedure should not be secret and no whip should be allowed in these. 

    Simultaneously, counter-intelligence agency should be allowed to keep entire judiciary under serious surveillance to guard them against such linkage or association that may undermine justice delivery system. There should be a standard laid down procedure on ways of reporting and quick disposal of improper professional conduct by judges at every level. Reporting of improprieties by judges of High courts should go to Supreme Court and similarly Supreme Court judges need to be reported to CJI. In case of anything suspicious coming to notice regarding CJI, the matter should be reported to President of India and if the findings are genuine, the concerned CJI must resign. If any incumbent of judiciary or Indian state is found to be genuinely involved in actions that amount active collaboration or passive approval in larger covert warfare against the nation or subversion of our democracy and national security or institutional integrity by external forces, all immunities should be waived the incumbent must be lawfully charged with waging war against the nation and awarded severest punishment within the quickest possible time. 

    Similarly, there should also be an impartial and financially independent oversight committee of retired judges of Supreme Court to monitor conduct of intelligence agencies and sensitive enforcement agencies. This will ensure that they act professionally and not for partisan agenda or personal gains. This is a standard practice in advanced democracies. But we should go a few steps ahead given systemic constraints and our overall challenges, to enhance efficacy of systems. 

    Needless to mention that judges at every level need to be paid well. Unnecessary frills and colonial style bungalows with army of personal staffs and fancy imported cars can only encourage financial insecurity in poorly paid judges along with a sense of entitlement.  

    Yet our country should never appear like an open jail where citizens live under fear, anxiety or stress. State must protect, help, inform, educate, nurture and correct people rather than investing its energies only in coercing people. Punishment is required only in cases of incorrigible offenders. Like doctors remove cells of cancer from human body, serious offenders need to be removed from society in most painless ways. But those who can be healed and corrected deserve empathetic approach from state and criminal justice system.    

    An effective judiciary has enormous capacity to unlock and unleash comprehensive potentials of a society. But efficacy of judiciary depends to a great extent upon quality of professionalism within enforcement agencies and overall integrity of political space and societal ecosystem. Nevertheless, despite constraints in these sectors, only an enlightened and spirited judiciary can spearhead transformation and renewal of national cohesion by exemplary judgments. Deterrent judgments can bring down number of crimes and litigations. But an inefficient and subverted judiciary can destroy even the most vibrant and thriving society. Besides, the syllabus of law colleges needs serious overhaul to improve the intellectual, professional and ethical quotient of law graduates. Besides tactical knowledge of law, they need to be trained in national security and social cohesion.

    A healthy and vibrant society and robust state is not the one where citizens are overwhelmingly discordant and squabbling to overburden the judiciary with avoidable litigations. Healthy and vibrant societies are those where police and courts are less burdened by crime and disputes to focus more on prevention of crimes and disputes to improve the quality of social trust and cohesion to unleash total potential of people.  Such a phenomenon shall reduce the need for large number of lawyers, thriving on conflict, litigation and misery of citizens. Investment of deeper and innovative wisdom from a variety of spheres can foster trust and collaboration in society.

  Corruption

    It has been universally acknowledged that corruption is a cancer that slowly kills a society. In independent India, corruption has been repeatedly described as an acceptable way of life for its elite and upwardly mobile masses. This is the single most factor responsible for underdevelopment of India, rampant poverty and poor public infrastructure. 

 — Transparency International, Corruption Perceptions Index 2025 (Berlin: Transparency International, 2025) has observed that public institutions are routinely undermined by rent-seeking behavior, where political and bureaucratic elites manipulate rules for private gain, eroding trust in governance. Transparency International’s 2025 index gives India 39/100 and ranks it 91st among 182 countries. (India - Transparency.org; Aug 14)) While the index is not a verdict on every Indian institution, yet it is a reminder that corruption remains rampant enough to cripple national capability. 

    Eminent Indian academic Pratap Bhanu Mehta has alleged in a write up that Judicial appointments and transfers often face allegations of favoritism and opaque decision-making, weakening the credibility of the justice system (The Crisis of Institutions in India,” Journal of Democracy 34, no. 2 (2023): 45–59.) A well-known Indian journal Caravan published a story few months back alleging serious corruption against none other than Chief Justice of India. Such a situation seriously dents public faith in judiciary.   

 Another credible academic R. Vaidyanathan, in his work Corruption and Development: The Indian Paradox (New Delhi: Oxford University Press, 2024) has observed "Large-scale public procurement and infrastructure projects are plagued by kickbacks and inflated contracts, draining resources meant for development." 

There are multiple credible researches that have outlined the enormity of corruption and its impact on institutions, governance and quality of development. Yet the damages inflicted by corruption are unfathomable. It shall not be an exaggeration to state that corruption appears deliberately fused not only in system but also psyche. But the same continues to drain massive resources of the nation at one level and undermine not only progress as a state and society but also peril our long-term survival and security in competitive and somewhat hostile world. It is beyond capacity of courts and police to dent the menace of corruption. India needs serious and comprehensive systemic restructuring for which its key stakeholders need to build a degree of consensus.   

Not So Robust Core of Economic Strength

    Despite impressive growth rate, India's economic strength, especially in the larger global context, appears fairly hollow at its core. Consumption-led growth appears driven more by trading, services and imports rather than serious industrial prowess or innovation. The World Bank has repeatedly underlined India’s meagre R&D expenditure- less than 1% of GDP- which dents its ability to generate breakthrough technologies and forces dependence on imports for critical sectors. The IMF has cautioned that structural imbalances — weak manufacturing depth, fragmented supply chains, and poor productivity growth — continue to undermine competitiveness. There are 

    Monopolies and duopolies dominate key industries, stifling enterprise and reducing serious competition to rituals. This clearly smacks of rigged regulatory mechanisms. India has 308 billionaires who control over 10% of national wealth. Given abject poverty of our masses, this is a worrying phenomenon for long-term economic stability of the nation. Indians outside India are known for innovation but innovation inside India thrives only in few isolated pockets. Systemic incentives for innovation and genuine industrial enterprise appears too deficient. As expanding market, we appear to lack enduring strength in form of robust ecosystem for innovation and diversified industrial capacity. This seriously impedes our aspiration for strategic autonomy and economic prowess commensurate with our size. The entire situation is an outcome of fragile institutions and overall deficient ecosystem.

Flight of Capital and Super-Skilled Human Resource

    Poor systems continue to expel a huge amount of capital and talent from the country. Henley Private Wealth Migration report estimated a net outflow of about 3,500 millionaires from India in 2025. (Henley Private Wealth Migration Report 2025 | Henley & Partners). A degree of wealth and talent migration in a globalised world is unavoidable. But persistent and disproportionate outward migration of wealth and skilled human resource should provoke a harder question. This dangerously impacts the quality and pace of economic development. It is a clear indicator that citizens are not feeling secure, respected and institutionally rewarded within their homeland. 

World stands today at a critical inflection point. Frontier technologies like Artificial General Intelligence, CRISPR gene editing, quantum computing, semiconductors, green hydrogen, advanced biotechnology, space exploration, and next‑generation communications — technologies are redefining global power and prosperity. These no longer appear optional luxuries in competitive and inter-connected world. Rather these shall be pillars on which economic sovereignty, military security and cultural influence shall rest. Those who lag behind shall be condemned to dependency while leaders may set standards and control entire supply chains. India runs the serious risk of being reduced to strategic irrelevance. Our paradox is ironically too stark. Indian innovators and entrepreneurs thrive abroad, spearheading breakthroughs in Silicon Valley and biotech labs to financial hubs. But at home they more often face neglect, bureaucratic harassment, systemic discouragement, besides lesser financial incentives and difficult life emanating from poor public infrastructure and deficient security and criminal justice system among others.

 According to UNESCO Science Report (2021), Over 1 million high-end emigrant researchers and engineering graduates are from India (India | 2021 Science Report). Similarly, Elsevier Global Researcher Survey (2026) states that 52% of India‑based researchers have conveyed their intent to relocate abroad. This is the highest figure worldwide. Scanning of US National Science Foundation (NSF) data suggests that 25% of foreign STEM PhDs in the US are Indians and above 70%. of them never return to India. Even OECD figures have consistently ranked India among the top exporters of skilled migrants to advanced economies.

    A recent media report suggested that India's highly feted space organisation ISRO has been plagued by large scale resignations. Around 100–120 scientists have resigned from different ISRO centres, including UR Rao Satellite Centre (Bengaluru) and Vikram Sarabhai Space Centre (Thiruvananthapuram). These can negatively impact Gaganyaan (human spaceflight), SpaDeX (space docking experiment) and Chandrayaan‑3. A variety of factors have been cited and attributed for these. These include lack of creative freedom to oppressive hierarchies and bureaucratic roadblocks besides better opportunities and living conditions abroad. Even a parliamentary discussion in 2026 conceded that large numbers of IIT alumni migrate abroad for higher studies or employment. There are media reports that suggest that 60 to 70% of PhD scholars and over 30% of top engineering graduates from IITs/IISc eventually migrate from the country. Most discussions on brain drain appear superficial. 

Substantial Cartelisation and Criminalisation of Political Space

    India’s political discourse over the last few decades has become excessively rancorous. Rival political formations appear to condemn and curse each other for electoral victories rather than offering constructive perspective towards nation building and institutional reforms. Most public discussions on politics focus more on electoral wins and losses rather than governance issues.

    The 2014 electoral verdict in India appeared substantially a repudiation of the prevailing ways of governance. Accumulated legitimacy deficit of the UPA years, corruption scandals, policy paralysis and a widespread perception that the political system had become an entitlement machine had contributed to regime change. The current government has unquestionably pushed up India’s trajectory in infrastructure, digital governance, welfare delivery, financial inclusion, external positioning, strategic ambition and technological aspirations.   

    Yet the challenges of corruption appear to have multiplied. These seem increasingly systemic. Institutional-structural deficiencies have aggravated in many sectors. I have always maintained that it is impossible for courts and investigative agencies, on their own, to contain corruption within a tolerable threshold, even though these are needed and may be doing a good work in patches.  Spirited cartels appear to have captured several institutions for their own private agenda. Many institutions have witnessed serious erosion in their integrity and efficacy, even though loyal incumbents are often able to deliver on tactical priorities of the regime quite efficiently. This somehow obfuscates the larger reality. But overall strategic capacity of state institutions appears to be on decline. 

    Indians must appreciate that great leaders are temporary but good institutions are permanent. A powerful leader can accelerate progress of a state. But only institutions can sustain that acceleration.      

      Opaque political funding has perennially undermined the quality of our democracy. This challenge has continued to rise instead of waning. In one of the rare courageous judgments in recent years, the Supreme Court in 2024 struck down the Electoral Bond Scheme, describing it unconstitutional  (Supreme Court declares electoral bonds scheme unconstitutional - The Hindu). But more than anything, this issue exposes the sustained structural challenge of opaque and unrestrained political funding. Even though the Court held that non-disclosure of political contributions violated citizens’ right to information and struck down provisions permitting unlimited corporate contributions, one is not clear how much difference the judgment has made towards bringing transparency in political funding.

    It is unfortunate that this matter failed to attract any bipartisan or even public discourse. 

 On the other hand, we come across criticism that 'Leader of Opposition appears to believe that controlling India is his divine fundamental right.' Critics cite his actions and speeches that suggests that 'he appears aggrieved that this right to rule India has been illegitimately taken away' from him by the current Prime Minister.' All his criticisms of the government appear to more of personal nature, targeting the Prime Minister and incumbents of the government and their associates. But there is no credible perspective or vision for institutional and structural reforms to address these issues in general. While his criticisms of the government have been relevant on many issues and these have rightfully brought the Government under pressure, but the tone and approach appear way less than dignified, effective and even credible. Large sections of educated population, especially military veterans, nationalist intelligentsia and even sections of youth appear to view him with serious suspicion given his dynastic entitlement and a number of close associates. 

    If viewed from the prism of national security, almost entire political opposition of Indian fails to offer convincing escape from the current predicament or challenges gripping the political space of India. Most parties remain trapped in dynastic entitlement, patronage politics, personality cult, and negative mobilisation and corrupt politics, instead of offering a powerful perspective or vision for governance or serious institutional reform. Opposition parties appear too tactical in approach and focused only on removal of current government. Internal democracy, intellectual renewal and regeneration, culture of principled dissidence and discourse, driven by public good remain conspicuously weak in all political parties. Loyalty is always valued over integrity and intellect.  

The challenge becomes more serious given sustained criminalisation of political space. As per a Supreme Court’s August 2026 affidavit, 251 Lok Sabha MPs and 75 Rajya Sabha MPs face criminal charges. These involve 210 cases of serious offences punishable with five years or more. 14 of the 28 state chief ministers also face criminal charges and some of them face dozens of charges. There are presently over 4,000 criminal cases against legislators. One can visualise the consequences of violators of law and accused in serious crimes wielding legislative and executive powers. This may be one of the principal causes hindering efficiency of investigative agencies and judicial processes. Such a situation is bound to erode public trust in political systems and overall credibility and efficacy of our democratic processes.

    It is extremely difficult in political culture built around inherited entitlement or personality cult, and backed by substantial number of crime accused, to suddenly become engine of national and institutional transformation. It is both a cause and consequence combined deficiency of political, bureaucratic and judicial institutions, making it a serious crisis gripping Indian democracy. It shall not be unfair to observe that India's entire political space appears largely cartelised and substantially criminalised to significantly reduce scope for high-quality ideas, leadership and a genuine discourse on national issues with integrity and patriotism. This is the principal impediment to our optimal progress as a nation. 

This issue can never be redressed by moral exhortations and cosmetic criticisms by our courts. It calls for deep and comprehensive restructuring of our institutions. My paper on Indocracy, as published in Think India journal, and my observations during a seminar on reform on political parties as well as another write up on blog on this subject, offer detailed structured recommendations/perspective in this direction.

Security and Geopolitics

India continues to struggle in the trap created by the receding colonisers who fractured our composite national-cultural identity by raking up the monster of xenophobic Islamic radicalism that resulted in creation of sectarian state like Pakistan which eventually turned into the biggest aggregator of terrorism and organised crime. It also left behind a confused border issue with China that we have neither appreciated nor resolved.  I have explained in my 2020 paper on national security that how threats and challenges in the region, that we face as a nation, are far more than routine neighbourly irritants. We have seen a wide range of complex grey zone wars to identity conflicts, covert and proxy wars. Both West and China seek to equate us with Pakistan to undermine our inherent moral strengths. 

    Pakistan’s military establishment's complex network of terror proxies and organised crime group for asymmetric covert warfare against India is well known. Ironically, the two major super-powers, China and USA, have their own strategic calculations that has shaped their outlook on this issue.  India should have understood much earlier that identity war by Pakistan was not merely a law-and-order problem or a territorial dispute. Smart statecraft warranted intelligence superiority, military deterrence, diplomatic isolation, economic leverage, ideological resilience and competent justice delivery system at home to protect not only our own national cohesion but effectively curb this threat.

    Yet Indian state needs to be careful that its enemy is violent extremism and radical thought process. An effective governance apparatus and strong national cohesion, alongside robust geopolitical-security infrastructure is the only way to contain this threat. Indian state has to guard its Muslims from radicalisation by ensuring their integration at one level and deterring any hint of radical propaganda and actions.  

   India also needs strong strategic realism to shape its relationship with the wider world. Western powers, China, Russia and others pursue their own interests and agenda. Some may welcome India’s rise but only for their own interests. Others may likely to balance it by propping up Pakistan. United States has appeared to prefer India to be strong enough to be useful and yet it is back to its old ways to propping up Pakistan to neutralise India. India enjoys a big space for strategic convergence of geopolitical, economic and security interests with a large number of powers.  Yet this opportunity can be availed only stronger institutional capacities at home.

    India has traditionally enjoyed a degree of goodwill across faultlines in West Asia, Central Asia, Africa, Far East and South America. This was outcome of a variety of factors, especially our humanist-pacifist image and outlook as a state. During era of American hostility in the previous century, many American allies frequently took anti-India position. But a combination of economic, military and technological prowess has potential to alter the larger geopolitical calculus within the region and beyond to win more active allies and passive supporters. India need not take partisan stands to endorse states facing isolation. Serious security partners do not need open diplomatic mollycoddling. It is better to keep such relations under the wrap.       

    Further, it is naive to expect any global or regional hegemon to allow India to be strong enough to become consequential on its own or emerge as a formidable power. Yet we have to find our own ways and quietly negotiate challenges in this direction. Deception, ruthlessness and cold calculations have always been integral component of geopolitics. These shall continue to remain so even in foreseeable future. We must convince our corporate leaders to be partners in institution building in India rather than act as collaborators in institutional subversion for short term financial gains. It is possible for them to realign their goals in a manner where their own profitability and rise can converge with larger national priorities.  In a globalised world, an India with fragile institutions can expose them to far more serious vulnerability. 

    We must also appreciate that there are so many transnational financial, technological and strategic interests that profiteer from sub-optimal progress of India.  They would like our continued under-performance and dependence on them. Our weaker criminal justice system and poor regulations allow them to profiteer at bigger scale. They have no moral commitment to our strategic progress. They would like to cripple domestic enterprise and industry by subverting our own institutions. Most may not be foreigners. But in a globalised world, no domestic network can thrive without powerful global patronage. We need to deal with it calmly and not emotionally. 

      Stakeholders of India cannot afford to act on assumptions that the world wants us to succeed. Pleasing or soothing words of our external friends and adversaries need to be reciprocated but we cannot lose focus of deeper understanding and evaluation of different shades of external entities and contexts.  Institutional resilience alone can help us negotiate with external world more efficaciously. World respects power and careful harnessing of power further enhance comprehensive strength.  

    Our sheer survival, in a competitive and hostile world, warrants us to become economically too formidable to be coerced, technologically too innovative to be intimidated, institutionally too resilient to be subverted and strategically too valuable to be ignored. This is possible not by expression of aspirations and intent. We need genuine leaders or an army of professional leaders in different spheres. There is no dearth of smart and committed brains in our society. India never ceased to produce individuals with sagely integrity and high-quality intellect. It is imperative that they are brought together and their strengths are optimally harnessed.     

Need For a Fundamental Shift in Outlook: Relevance of Indocracy

    India needs a fundamental shift in way it interprets national power and identifies its priorities. GDP on its own is no reflection of national power. Neither are missiles, aircraft carriers or sophisticated weaponry sourced from foreign manufacturers. This is especially given our larger context. Even diplomatic visibility on its own has limited value.

    National power is the compound result of healthy citizens, educated minds, productive workers, robust and trustworthy institutions that promote excellence, technological capability, economic depth, military strength, social cohesion and national confidence and an overall culture of excellence, innovation and entrepreneurship, and total freedom for conscientious and enlightened dissidence. State has to appear protector, benefactor and corrector of every citizen, especially the high-end contributors to national power in every realm.

The governance question facing India at this juncture is deceptively simple:

How do we enhance maximum potential of every Indian and harness the same to achieve our national goals with right priorities?

This is where Indocracy becomes relevant.

    Indocracy is based on much deeper understanding of human psyche, evolutionary journey of India as well as major civilisations and their strategic psyche, especially the way these have evolved, alongside a very broad range of issues varying from governance, geopolitics, warfare, security, technology, science and economy etc. Though the entire idea is not in public domain, yet the broad contours are available. It is a scientific blueprint of a strategic statecraft that may not be perfect and requires continuous refinement. Yet Indocracy envisions a mutually empowering equilibrium between individuals and institutions and institutions and society as well as society and state. It also draws from ancient wisdom on harmony between man and nature. 

    It comes down to focusing on right priorities and appropriate capacities in each context to pursue the same. It offers a reliable framework towards societal and national transformation.

    Indocracy has also offered a comprehensive and integrated framework of all dimensions of security and warfare, integrating these with geopolitics and intelligence. It has spelled out a model for prevention, preemption and deterrence of conflicts at home by integrating governance with security and making the two proactive. Simultaneously, it has also spelled out a principle of short, swift and decisive intelligent warfare involving minimal human and material costs as well as avoidance of collateral damages. 

    There are no shortcuts in this direction. Building great states and great civilisations warrant lifetimes of dedicated efforts and initiatives over generations towards building appropriate network of dynamic institutions that are efficacious in specific context of a state in each era.       

       A commitment and progress in this direction shall be the best tribute that we can pay to our freedom fighters and martyrs even after independence who have laid down their lives. India needs Indocracy or Bharat Tantra. Where integrity, empathy, deeper wisdom and strength of human character define the core of India as a society, state and civilisation.  Simultaneously, these must lead to serious enterprise and innovation to optimise our economic, industrial, technological, intellectual, innovation and military prowess in a manner where we find a better strategic equilibrium of mutual empowerment with rest of the world.       

 PS: Kindly forgive typographic errors. 

The original post has been corrected/edited more than once. 

WHEN JUSTICE FALTERS, GENERATIONS SUFFER; CIVILISATIONS CRUMBLE

JUSTICE: THE SOUL OF A CIVILISATION: 

Man’s journey from primeval barbarism to civility has been driven by the quest for a just and fair world. This is what that has infused power and energy among small communities enabling them transform into great civilisations. Justice has not only been the focal point of security from arbitrariness of power or perversity of those in position of authority, but it has been the soul of every extra ordinary state, society and civilisation. A society that practices higher quality and principles of justice in its context, always succeeds in optimising collective potentials, capacities and output of its people. But when justice falters, even the greatest among nations and civilisations sink into pit of vulgar power grab by self-seeking groups and cartels.

               In every context and every era, the vision for a better society, that at times caused societal upheavals and violent changes, was driven by the dream for a fair and just world. Across civilizations, principles and practices of justice were never perfect, if looked from contemporary sensibilities of our respective cultures. Human sensibilities varied in different contexts and so did the larger priorities in each context. These have continued to evolve throughout history, yet the centrality of justice was never incidental. Philosophical texts and literature may not have mirrored realities in society, but these always reflected enlightened yearnings in each context and era.

ANCIENT PHILOSOPHIES: ACROSS CIVILISATIONS:

Ancient Indian sages envisioned a just society as one driven by Dharma – the eternal cosmic rhythm that obliged rulers and ruled to adhere to their respective roles. Texts attributed to Brihaspati,  Parāśara, Śukrācārya Manu, Yājñavalkya, Narada, Vishnu Smriti and eventually Kautilyan Arthashastra extended justice into codes of law, governance, and societal ethics—each insisting that fairness, including protection of the weak and vulnerable and restraint on authority of sovereign was the axis of legitimacy of rulers. The Chinese concept of ‘Mandate of the Heaven’ or Confucius’ Analects, Mencius’ defense of the people, and Han Feizi’s Legalism all converged on the principle that rulers were obliged to rule only in accordance with the highest principles of personal ethic to pursue the larger principles of justice for all.

In West Asia and Iran, the Code of Hammurabi (18th c. BCE) carved fairness into stone; Zoroaster’s Asha proclaimed truth and justice as cosmic order; later Islamic jurists like Al‑Farabi and Ibn Khaldun envisioned justice as the foundation of virtuous polity and social cohesion. In the Greco‑Roman world, Thales and the Milesians shifted thought from myth to rational order, laying the groundwork for justice as natural law. Plato imagined justice as harmony of soul and state, Aristotle distinguished distributive and corrective fairness, while the Stoics universalized justice as living in accordance with nature. Rome codified this into jus naturale, eternal and binding across peoples. Later philosophers—Aquinas, Locke, Rousseau, and Rawls—extended the dream: justice as divine order, social contract, and fairness as equity.

Similarly, Russkaya Pravda of Kievan Rus to Japan’s Confucian‑Buddhist codes and Indonesia’s adat and Pancasila, underlined justice as the axis of legitimacy of authority. Each affirmed that the fabric that held together a nation was not force or fear but the integrity and quality of justice as observed in society and enforced by institutions. Higher the principles of fairness that these rules and laws manifested and the degree of uniformity with which these were administered, greater was the harmony and cohesion of a society.

DEMOCRACY: PROMISE OF HIGHER QUALITY OF JUSTICE: 

Dawn of modern representative democracy, liberation of United States, French revolution, rationalist humanist ideals of the so-called enlightenment philosophies, women’s rights, abolition of slavery, universal adult franchise, large-scale de-colonisation, emergence of independent India, driven by the larger Gandhian principles of truth and non-violence, Universal Declaration of Human rights (1948), and advancements toward modern welfare states were all progresses in quest of a more just world. Yet in absence of eternal conscientiousness and sagacity of global leaders, entire world appears far more vulnerable to drift from established principles of justice at altar of self-seeking human frailties.

WHEN SOCIETIES LOSE CONSCIENCE, STATES DECAY AND CIVILISATIONS SLIDE BACK:

            Civilisations often slide back and states decay, when societies lose their conscience and courts become moot spectators or active collaborators in murder of justice. An integrated and interdependent world has been huge opportunity to transform plight of mankind. Yet it is larger poverty of global leadership and vision that has seriously eroded Justice, fairness and trust from the global order. Domestically, most democracies are struggling to protect efficacy of their institutions. In absence of serious innovation to restore institutional resilience, some of the most established democracies run the genuine risk of terminal decay and degeneration.

INDIA: 

In India, democracy appears to have descended into a bitter squabble for power between major political formations. Life, liberty, security and dignity of ordinary citizens are relevant only to the extent that these are kickable in larger arena of political football where major parties are vying for capturing levers of state power, more for their own private agenda than building the nation. The process of dismantling key institutions of state may have gained momentum in recent years but it was kicked more than five decades back. Unfortunately, both civil society and intelligentsia have demonstrated enormous poverty of purpose and resolve to resist the same. This situation has turned precarious largely due judiciary’s abdication of its responsibilities to uphold and protect rule of law. It shall not be unfair to state that despite flashes of rare integrity and wisdom among a microscopic minority of judges, entire institution of judiciary appears  

Ironically, there is virtually no discourse within intellectual and strategic space of India on extricating our democracy from this quagmire. While a robust judiciary that prevents, pre-empts and deters breach of rule of law or social and national cohesion is indispensable for optimal progress of India. An ascendant and assertive India, manifesting its essentially humanist civilisational values, is likely to enhance the quality of strategic equilibrium in the global power balance. This requires a genuine leadership to build a social system that adhered to the highest principes of justice and an efficacious legal regime to protect the same. Eternal principles of fairness and equity are well known in every society. None embodies it better than Indian constitution and Indian laws. But the day, Indian courts start administering the rules and laws uniformly and transparently, without any fear or favour, the world shall be far better. Few judges may have to gamble with their lives; but patriotism, courage, integrity and humanism need not be monopoly of soldiers in battlefield alone. All stakeholders of society, especially members of higher must embody the same to defend morale and conscience of society. They must remember:

 
Justice is heartbeat of a society and Judiciary its custodian; When justice falters, generations suffer; civilisations crumble.

 

[This was published on this very blog on Aug 09, 2026, but had to be reproduced as that piece has been corrupted]
 

 

WHY MUST INDIAN JUDICIARY TRANSFORM ITSELF TO REGAIN ITS DIGNITY, CREDIBILITY AND EFFICACY

Judiciary is not merely arbiter of disputes; it is the final bastion of security of the nation and guardian of conscience of a civilisation.

Justice in India: Largely A Rhetoric Devoid of Substance? 

    Justice in India has perennially appeared an expensive, inconsistent, and unaffordable luxury, inaccessible to ordinary citizens. Police and courts are dreaded entities. Most ordinary citizens seek to avoid them to the best of their capacity. A satirical cliché that captures the reality of justice in India states that the blindfold of Lady symbolising Justice in Indian context does not indicate impartiality; it rather demonstrates her deliberate refusal to see crimes of the powerful or cries for justice of the masses.

    I recall, in 1989 at Jawaharlal Nehru University, I had vociferously asserted in a public debate before a retired eminent judge from Supreme Court, where audience included senior academics and eminent lawyers, that: "justice in India was an expensive commodity that only the rich and powerful could afford." That assertion was welcomed with thunderous applause. 

During that era the underlying reality was ability of elites to afford top lawyers who could manipulate courts. Today, in a globalized world, integrity of most institutions has eroded. Notwithstanding few exemplary verdicts, judicial processes have lost their credibility. Miscarriage of justice appears a norm and delivery of justice an exception. 

Checkered Past of Indian Judiciary

    Indian judiciary had once played a transformational role in society. Judicial verdicts in cases like Romesh Thapar (1950), Golaknath (1967), Kesavananda Bharati (1973), and Maneka Gandhi (1978), Bandhua Mukti Morcha (1984), Shahbano (1985), S R Bommai (1994) etc fortified democracy. The Hussainara Khatoon (1979) case rescued undertrials, while Olga Tellis (1985) upheld livelihood rights and Vishakha directed detailed mechanism to protect women from sexual harassment.

   This was the era when the courts could confront state and privileged elite without inhibition. Yet miscarriages of justice were not entirely unknown. But these stemmed more from procedural constraints rather than perversity or malice. Mathura rape case, Bhagalpur blindings, ADM Jabalpur's actions during Emergency, and the Bhopal Gas tragedy settlement, that undervalued thousands of lives, are few examples where justice appeared to have succumbed in the courts. 

Courts as Marketplace of Influence, Money and Underhand Deals

    Informed and ethical lawyers suggest that over the last two decades or so, Indian courts have increasingly resembled marketplaces where influence and money dictated outcomes more often than legal merit of matters. This is not withstanding many exemplary verdicts and brilliant judges. Registry manipulation, bench hunting, and monopolization of court room legal victory by top lawyers became norms. 

The cliché — “A good lawyer knows law, but a great lawyer knows judges” has not appeared as brazen in any other democracy as in India.

High‑Profile Cases Reflecting Rot:

 Following are a miniscule sample of a series of high- profile verdicts that undermine credibility and image of judiciary:  

• Salman Khan hit‑and‑run acquittal despite eyewitnesses.

• 1999 BMW hit and run case where justice was diluted by awarding community       service to wealthy offenders.

• Jessical Lal murder case where people had to come on streets in support of victim;

 • 2024 BMW hit and run case, where courts tried to protect the offender and          eventually granted bail to offender who celebrated as if he had won a war; 

• Sanjay Dutt arms case marked by lenient paroles.

• Sohrabuddin Sheikh encounter where most accused were discharged.

• Acquittal of alleged rapists of Bilkis Bano.

•  Frequent parole to a number of influential murder and rape accused, diluting the punishment/sentence

The real list may be too long and even contentious. But the privileged have routinely escaped accountability under law whereas ordinary citizens languish in queues of adjournments for decades to very often face injustice.

Justice Delayed, Justice Denied

    India’s judicial backlog is staggering. Over 100,000 cases are pending in the Supreme Court alone, with nearly 40% older than a year. At lower levels, pendency stretches into decades. According to National Judicial Data Grid, the total pendency of cases at High Court and District Court levels has crossed 5.5 corers and as per web, 75-80% of these are criminal cases. This underlines a chilling reality. If incidences of crime are so high and courts are not able to deliver verdicts, this will only enhance criminality in our society. Alternatively, if most are innocent, it is equally dangerous. It implies that our police is framing innocent citizens.  

    Though Indians are not as violent a society compared to many other societies. But inefficient legal system is probably criminalising entire society. The entire scenario appears more like a silent war against the nation, that is bound to cripple our long term progress and advancement.

Besides, a delayed justice appears hollow and meaningless.

Corruption and Complicity

'Corruption in India has increasingly become an acceptable way of life'. These are words of none other than a former Chief Justice of India, who admitted corruption in higher ranks of judiciary. This was much before a pile of huge cash was accidentally caught at residence of a High Court judge, and yet the highest court shielded him or let him off with resignation instead of an investigation and deterrent punishment. 

According to some bar and bench insiders, the intensity and depth of corruption and subversion in Indian judiciary may be far deeper than what average mind shall be able to fathom. This not merely corrodes the judiciary at multiple levels but endangers entire society. Some of the known corruption controversies in higher ranks of judiciary include:  

• Justice V. Ramaswami impeachment (1993) exposed misconduct.

• Cash‑at‑Judge’s‑Doorstep (2008), Punjab and Haryana High Court;

• Justice Soumitra Sen impeachment (2011) confirmed misappropriation of funds.

• Medical college bribery scandal (2017) brought corruption allegations to the Supreme Court’s doorstep.

•  Pile of cash at caught during outbreak of fire at official residence of High Court judge Yashwant Verma (2025);

There are repeated scandals that have surfaced in media hinting at serious systemic rot.

    Prashant Bhushan has relentlessly charged judges with corruption. He had once asserted that half of India’s supreme Court judges were corrupt and faced a legal case also where he had apologised. Later, he declared that dossiers are used to blackmail judges, and that the judiciary has enabled the “destruction of democracy” . Former Chief Justice Ranjan Gogoi’s admission that the judiciary is “not free of corruption” and his acceptance of a Rajya Sabha seat after retirement only confirmed pliability of judges and substances in allegations.

Systemic Malaise

The malaise in Indian judiciary is structural. These are manifest in

• Selective urgency in politically sensitive cases or those involving mega corporates;

• Post‑retirement appointments of judges, incentivizing subversion in judiciary.

• Opaque collegium practices shielding misconduct.

• Case backlogs enabling manipulation.

    These have eroded public trust in judiciary and weakened democracy’s institutional spine.

Identification of Deeper Contradictions

There are far too many deep structural contradictions that have impaired efficiency and output of Indian judiciary. Some of these are well known and yet following illustrate the same convincingly:

   a) Dominance of Lawyers in Higher judiciary: Most High Court and Supreme           Court judges being former lawyers may be aware of legal technicalities but their               experience and exposure as lawyers do not equip them with orientation requiring them       to be courageous and ethical judges;

    

    b) Larger Ecosystem of Corruption in Society: From cradle to grave, Indians            of         recent generations have grown up in an environment of corruption. This            makes         it difficult for most of them to act with integrity;

    c) Poor Pay and Ostentatious Paraphernalia: All state functionaries are paid                         poorly and yet they are given such regal paraphernalia that makes corruption         an          inevitable; Judges in higher courts of India get bungalows in top                                         locations with massive infrastructure and support staff and fleet of expensive                      BMW cars which they can never afford after retirement, if they live with                            integrity; they are virtually compelled to turn corrupt to continue with comparable life      after retirement.

    d) Indirect Pressures: It is widely believed that from recruitment to transfers to a                 wide variety of issues pertaining to judiciary lack transparency and                                    accountability; Mystery in these process make integrity a casualty.

Road to Future

India cannot afford a judiciary content with ritual dignity while ignoring decay that kills justice, chokes society and cripples optimum progress of the nation. Reform is existential. While a detailed evaluation is required, but the following could be starting points: 

• Transparency in appointments to end collegium opacity.

• Rigorous induction and in-service training and regular psychological conditioning to inculcate integrity, professionalism and psychological resilience;

 • Accountability for misconduct through enforceable mechanisms; 

• Insulation from political patronage to restore complete independence of judiciary;

• Technology‑driven efficiency to reduce pendency;

• Elimination of unnecessary frills and enhancement of pay and allowances of judges; 

• Simplification of judicial process and introduction of structure forms to ensure easy filing of cases and their quick comprehension;

• Inbuilt incentives for high-quality verdicts in key priority areas;    

• Incentivizing high-quality judgements through a variety of possible means;

• Severe punishment for perjury;

• Punishment for willful obstruction of justice or deliberate delaying tactics;

• Eradication of cartels of lawyers monopolising access to justice delivery system;    creation of a mechanism of specialization of lawyers where fee structure of every lawyer in every category is transparent;

• Eliminate space for need based corruption and deter greed driven corruption;    with exemplary punishment for guilty; 

• Creation of Judicial Accountability Commission to review personal conduct of      judges; ban on all post-retirement incentives of apex court;  

There can be far to many other detailed instruments. But the above are basic minimum requirements for resuscitating soul of Indian judiciary. 

Conclusion: A Vibrant Judiciary is Critical Component of National Security

    Weak institutions provide fertile soil for covert warfare by opaque foreign forces and a host of criminal and mercenary forces. The former have always patronised the latter for both financial plunder as well as scuttling optimal progress of a targeted nation for their larger geopolitical agenda. I had highlighted in one of my posts on this very blog that mega organised crime networks in South America have infiltrated ranks of police and judiciary in many outwardly stable and sovereign democracies. These crime cartels are dictating political agenda, influencing election outcomes and have reduced several states into their private battle yard where malicious incumbents of police and judiciary have been acting as private soldiers of these cartels. 

Fortunately, we are not close to such a scenario. Our institutions are still sturdy enough compared to many fragile states. But if the rot in criminal justice system is not checked at the earliest, our difficulties are bound to intensify. Opaque political funding, rampant corruption and criminality in ranks of police and bureaucracy, mushrooming of multiple shades of crime networks, amidst suspicion of rising corruption and inefficiency in all ranks of judiciary, make us severely vulnerable. Our own unique geopolitical challenges, clandestine terror, organised crime and subversive capacity of our external adversaries further enhance threats to our state and society.

    Without an elaborate network of organised crime on Indian soil and subversion of section of population, such sustained wave of terror attacks that rattled India for over three decades was impossible. Subversion of sections of police and judiciary appears more than obvious given the fact that a large number of professional and upright securocrats of the country, who made big contribution in dismantling Islamist organised and terror networks have been sidelined or criminally persecuted and harassed by combined cliques within judiciary and police. These include many senior police officers themselves.       

    When justice is inaccessible and grievances fester, society starts dying because the trust in the systems erodes. When courts appear biased, people lose faith in entire state apparatus. The objective of terrorism and covert war is also to undermine popular trust of citizenry in credibility and efficacy of state institutions to protect them. Corrupt judiciary and compromised criminal justice system may not be threatening the society in same spectacular way as terrorist attacks or conventional wars. Yet the net outcome is same. 

The high and mighty in the ranks of judiciary must appreciate that Judiciary is not merely an arbiter of disputes; it is the final bastion of national security. If judiciary is subverted, the very state apparatus loses its legitimacy. 

   While judiciary must never overstep its jurisdiction, it can always facilitate a strong quality of strategic equilibrium among various institutions, compelling their incumbents to act with integrity to the best of their capacity, instead of pursuing their self-seeking personal agenda.

 India needs genuine leaders in judiciary.  They need not wield arms, but with a stroke of the pen they can resuscitate the morale of an entire society. A vibrant nation has never prospered by blind obedience to its leaders. Societies must ask questions, challenge authority wherever they go wrong. Only character, integrity and sagacity in judiciary can defend such rights of citizens.