INDIA: REFLECTIONS ON 80TH INDEPENDENCE DAY

Need for An Impartial and Objective Reflection

    As we celebrate our Eightieth Independence Day, we must avoid excessive jubilation and self-congratulation or even denigration of our accomplishments following independence. As a great civilisation with extremely long humanist roots and exemplary traditions of scientific and cultural humanism, way back in the past, we did not deserve foreign occupation or colonisation. Yet, we have retained our identity and done well on several parameters of national power but our journey, as a republic, is marred with severe under performance on most parameters of development and security. This is especially compared to our potential.

    Hence, this is not only the day for celebrations but also serious reflections.  Objective of this piece is to ignite a sensible discourse, even though most of my readers rarely post a comment but few enterprising ones take part of the ideas and present these as their own on different platforms.  

    I believe that those who have devoted the best years of their lives in most nameless, faceless and selfless manner to contribute to security of the nation, by gambling their lives and survived more due to miracle and luck, losing all expectations from life but developing deeper commitment to the nation in the process, are better suited to offer an impartial and apolitical perspective. But this is possible only if they have acquired serious intellectual and professional width in the realm of security, geopolitics, governance, statecraft to appreciate life of individuals and states both. This is a modest attempt from the prism of statecraft.

Our Survival and Progress As a Unified Nation

The first and foremost or progress and consolidation as a nation is enormous. We have remained a cohesive nation, despite our humongous diversity, plurality and multiple inherent contradictions. We have proved all naysayers wrong who had once mocked our ability to hold together as a nation, in the immediate aftermath of our independence. 

    We survived partition, poverty, wars, insurgencies, linguistic and religious tensions, political upheavals and the temptation of authoritarianism by few leaders. Yet Governments have changed through peaceful elections, which have mostly been free, fair and impartial. Unlike others, who have faced recurrent coups, power has repeatedly changed hands in India without collapse of democracy. We are one of very few post-colonial societies that can claim a democratic continuity comparable to the best in the world, despite our uniquely complex constraints.

Economic Transformation

The economic transformation of India is equally admirable. With a roughly $4 trillion economy, growing at 7.6 percent in 2025 according to the World Bank, (World Bank Open Data (https://data.worldbank.org/country/india?utm_source=chatgpt.com), we are one of the major economic powers despite all our constraints. Our digital infrastructure, pharmaceuticals, space programme, information technology, automotive sector, financial technology and entrepreneurial ecosystem have acquired global significance. Chandrayaan-3, Aditya-L1 and the continuing expansion of India’s space capabilities demonstrate what Indian institutions can accomplish when competence, continuity and national purpose prevail. (Indian Space Research Organisation (https://www.isro.gov.in/ISRO_EN/Achievements_Department_of_Space_2025.html?utm_source=chatgpt.com))

    Our global diaspora is manifestation of another strategic strength. Most are intelligent, prosperous and disproportionately influential in many advanced economies. This only reinforces our belief in Indian way of life with a family ambience that supports children to excel under all circumstances. This is probably the biggest strength India has as a society, which in my opinion has been under relentless attack since 1990s through perverse propaganda and negative impact of Bollywood and Indian socialite class. 

Uncomfortable Paradox:

    Yet the paradox of our strengths amidst our weaknesses appear brutally cruel. We have created islands of world-class excellence in an ocean of extreme institutional mediocrity.

NFHS-5 found that 35.5 percent of Indian children under five had stunted growth and  32.1 percent were underweight. (Press Information Bureau (https://www.pib.gov.in/Pressreleaseshare.aspx?PRID=1779258&lang=2&reg=48&utm_source=chatgpt.com)) ASER continues to reveal serious deficits in foundational learning. The workforce remains inadequately skilled relative to the ambitions of a $4 trillion economy. The Economic Survey has repeatedly highlighted the extraordinarily low proportion of Indians receiving formal vocational training. (India Budget (https://www.indiabudget.gov.in/budget2024-25%28I%29/economicsurvey/doc/eschapter/echap06.pdf?utm_source=chatgpt.com). This is extremely worrying for the quality of human resource we already have, as these figures were worse earlier, and what we are going to have in future.

    A country shall never be able to optimise its comprehensive national power, if its children are inadequately nourished, its young people inadequately skilled and its educated workforce inadequately utilised and its development priorities are more focused on enriching few chosen capitalists who are largely engaged in trading, rather than serious innovation and building indigenous industrial prowess, with strong R&D capacity.  

The most important national resource is not commodities like coal, iron and minerals or even land and capital, where we are too deficient in larger global contexts. It is the quality of human resource and their overall productivity, alongside ability of state or our institutions to harness them for larger national empowerment. Our governance systems appear too deficient in these directions. 

Unprofessional and Oppressive Bureaucracy

    Our entitlement driven, generalist and unprofessional bureaucracy has many brilliant and incorruptible incumbents and yet it is incapable of transforming vision of great leaders and statesmen into reality. Citizens spend huge time and energy in navigating bureaucratic hurdles for their day today existence. Entrepreneurs struggle with routine permissions, regulatory uncertainty, litigation and informal transactions or underhand payments. Life of ordinary Indians, without connection and money, becomes miserable due to bureaucracy whereas even the dynamism of entrepreneurship gets dented because in absence of connections, their plight rests at mercy of incumbents, even after paying speed money or sheer rent. In normal cases, institutions should encourage and support entrepreneurship but barring few rare upright and professional civil servant, this never happens. Even incorruptible and dynamic professional civil servants discover that integrity is too lonely and can invite severe systemic wrath that can turn into all out hybrid warfare destroying their lives permanently. An innovator can encounter more administrative friction than technological and cerebral challenges and in rare cases, in critical areas of national security, they can meet even suspicious death or framing by brazen manipulation and subversion of multiple institutions. 

    Yet, all is not lost. Amidst all the challenges and constraints, there are still amazing Indians, though too far and few, who rise to the occasion and get the best out of themselves and systems. But it dissipates huge amount of national energy. Our national productivity remains far too sub-optimal.  Our extraordinary individual talent has to struggle through institutions that frequently reward hierarchy, proximity and compliance more than excellence, innovation and service to the nation.

Sluggish and Perverse Criminal Justice System

    A sluggish and inconsistent criminal justice system that is widely perceived as substantially corrupt is perhaps the biggest bane of India. It has been choking our optimnal progress as a nation but no dispensation in last eight decades have attempted a change in it. I have written extensively on this issue on this very blog and I believe that the challenge in this area is far too deep rooted, systemic and an outcome of externally sponsored subversive covert warfare. 

    The National Judicial Data Grid currently records more than 5 crore pending cases, including nearly 3.9 crore criminal cases. (National Judicial Data Grid (https://njdg.ecourts.gov.in/njdg_v3/?utm_source=chatgpt.com)) Justice that arrives decades late, if not beyond life-times of individuals, or even skips in routine cases, severely impairs potentials and capacities as a society. The delayed and inconsistent justice is the biggest mockery of rule of law and our freedom as republic. It encourages criminality, corruption and alters behaviour pattern of citizens. It must have induced such epigenetic changes in Indian neural circuitry where dishonesty, fear and anxiety has become increasingly normal behaviour pattern of most individuals who have had interface with our criminal justice system. 

    Though there are no detailed credible research, there are many indicators that suggest that over the past few generations, average size of amygdala and levels of secretion of cortisol and other stress hormones have increasingly progressed over generations. A weak and deficient criminal justice system weakens deterrence against crime, raises transaction costs in economy and encourages extra-legal settlements, giving rise to parallel systems operating in violation of sovereignty of Indian state. This diminishes overall public faith in the capacity of Indian state at one level and permanently alters neural DNA in sections of population where social trust and national cohesion shall suffer. 

    Yet it is remarkable strength of Indian values that a vast majority of Indians respond to calls in name of Indian values. This has been more than visible in popular response to Prime Minister's call for Tiranga Yatra (Tri-colour march). We must not take these values for granted and much more is required gain popular trust in the institutions of state and its capacity to protect and support people. 

Corruption

The entire extent of corruption and its impact on average life in India is unfathomable. It is widely believed that poor civic amenities and bad public infrastructure are attributable entirely to rampant culture of corruption at all levels in state, especially civic governance. 

Public infrastructure exposes this pathology far more intensely, notwithstanding significant improvement in road networks in recent years. For example, the CAG has recorded in a National Highways Authority of India case, that inadequate recovery of contractual damages resulted in an undue benefit of ₹203.07 crore to concessionaires. (Comptroller and Auditor General of India (https://cag.gov.in/uploads/PressRelease/PR-PRESS-RELEASE-ON-AUDIT-REPORT-NO-12-of-2024-ENGLISH-06760465e86ac91-50772570.pdf?utm_source=chatgpt.com)) One audit does not define the Indian state; but hundreds and thousands of such institutional leakages exist and explain why public expenditure often produces less public value and public infrastructure than what it should. There was a famous case in Karnataka where a contractor committed suicide as 40% of the project cost was being demanded as cut money. The volume may vary, but it is widely believed that such kickbacks are a reality in virtually every major state procurement or even procurements in bank funded major private companies. The cost of the same is eventually passed on to consumers or hapless citizens and taxpayers. Currently, a Youtuber has been highlighting how 750 ltr size dustbins with market cost of INR 1400 have been procured at ten times this cost by Govt in Bihar. Bridges and roads routinely cave in and plush cities like Gurugram, Bengaluru, and parts of Mumbai and Chennai remain commuters nightmare during rains, despite massive infusion of funds.     

 Transparency International’s 2025 index gives India 39/100 and ranks it 91st among 182 countries. (Transparency.org (https://www.transparency.org/en/cpi/2025/index/ind?utm_source=chatgpt.com)) Again, the index is not a verdict on every Indian institution. It is a reminder that corruption remains rampant enough to cripple national capability. Pro-state establishments have been berating most international agencies and questioning their credibility but there is no other way to measuring comparative state of affairs globally.

The consequence of corruption is way larger than the money lost. Corruption fosters perverse human qualities and erodes social trust. It convinces young Indians that influence and money is more valuable than competence. Entitlement and ancestry are more desirable than achievement; loyalty is more rewarding than integrity and excellence. 

A nation can never build intellectual, technological and cerebral sovereignty if wider societal values continue to be distorted and institutions lose their integrity. 

Flight of Capital and Human Resources

Poor systems continue to expel a huge amount of capital and talent. Henley estimated a net outflow of about 3,500 millionaires from India in 2025. (Henley Global (https://www.henleyglobal.com/newsroom/press-releases/henley-private-wealth-migration-report-2025?utm_source=chatgpt.com)) Wealth migration is not inherently a national failure; global mobility is natural. But persistent outward migration of highly successful people Indians or even those who have amassed a lot of money by exploiting institutional weaknesses and availed of big haircuts in banking parlance should provoke a harder question. Is it sustained drainage of wealth even after decolonisation? Some recent media inputs suggest that a large number of scientists have been leaving the country over poor working conditions, which is not about inadequate financial rewards. On flight of such highly talented and technically skilled manpower, Indian state should worry why these people are not feeling secure, respected and institutionally rewarded at home?

Substantial Cartelisation and Criminalisation of Political Space

India’s political discourse has become excessively rancorous driven by a war for electoral take-over of the nation rather than building institutions. Every discussion is more about electoral win and loss. The nation-building question—what institutions should survive the next government and become stronger because of it—is rarely the focus.

The 2014 verdict was substantially a repudiation of the accumulated legitimacy deficit of the UPA years: corruption scandals, policy paralysis and a widespread perception that the political system had become an entitlement machine. The current government has unquestionably changed India’s trajectory in infrastructure, digital governance, welfare delivery, financial inclusion, external positioning, strategic ambition and technological aspiration. This deserves acknowledgment.  

Yet many corrupt cabals and syndicates have sneaked into this regime and continued with the old culture. Many selfless innovators and contributors in the realm of national security and governance have been criminally targeted with the larger objective  of crippling overall capacities of the nation. Institutions have witnessed serious erosion in integrity, impartiality and credibility even though loyal incumbents are able to deliver in key priorities of the regime. Overall governance and national priorities continue to suffer, eroding our long term capacities and expanding overall gaps with our Northern neighbour on all parameters of governance and national security. 

Indian must appreciate that great leaders are temporary but good institutions are permanent. Political strength of regime can do good only to its loyalists but good institutions do good to entire society and nation. The culture of assault on institutions started in 1970s in India and imposition of emergency was its starkest example. Later it took a more subtle and indirect form during UPA era. But it appears quite brazen and worrisome now. All Indian stakeholders must appreciate that sturdy institutions are indispensable for sustained progress of a great state and civilisations.

A powerful leader can accelerate progress of a state. But only institutions can sustain acceleration. Personal qualities of Prime Minister, his ability to put national security and national progress on high priority is not in doubt. His vision remains poorly implemented largely due to poor institutions and a deficiently committed team around him.  

Prime Minister has many capable people around him but far too many incapable and unworthy people have also surrounded him. Latter's principal asset appears political proximity rather than intellectual or administrative excellence. Some civil servants are outstanding; but most have mastered the older art of surviving every regime while producing little and only enriching themselves. In a bid to demonstrate their loyalty to the regime, they go for overkill to crush minutest of dissidence from civil society. They subvert every possible rule, law and institutions in the process. Prime Minister of India and his closer associates need to be careful. A great leader is always respected and acknowledged over his generosity and ability to treat conscientious and impartial criticism as feedback. Overkill in these matters always invites disasters and tarnishes good work of even the greatest of leaders due to their poor loyalists.  

On the other hand, we come across criticism that we have a leader of opposition who appears to believe that ruling or controlling India is his divine fundamental right. He appears aggrieved that this right has been taken away from him. While his criticisms of the government are extremely welcome and even relevant on many issues, the tone and approach appear way less than dignified and honourable. He has managed to bring the government under pressure. Yet his entire objective appears power-grab rather than nation building. In this political squabble, potentials and aspirations of India appear to be getting marginalised.

If viewed from the prism of national security, almost entire political opposition offers no convincing escape from the current predicament or challenges that we face as a nation. Most parties remain trapped in dynastic entitlement, patronage politics, personality cult, and negative mobilisation and corrupt politics. Personality cult is probably the universal phenomenon in Indian politics. But the proposition parties are focusing only on removal of incumbent rather than providing any constructive hope. Internal democracy, intellectual renewal and principled protection of dissent within all the political parties remain conspicuously weak but it appears more so in principal opposition party of India.

It is unrealistic to expect a political culture built around inherited entitlement to suddenly become an instrument of institutional transformation. Hence, all patriotic and enlightened Indians shall remain apprehensive of principal opposition party of India and its overall capacities and intent. 

But this is no justification for ruling establishment to continue with its transgressions that imperil destiny of the nation and its future generations. Despite all its weaknesses, few sane voices in the highest courts of India as well as civil society have continued to espouse what appears to be the best interest of the nation.

In this context, the Supreme Court’s 2024 judgment, striking down the Electoral Bond Scheme demonstrated the continuing structural problem of political finance. The Court held that non-disclosure of political contributions violated citizens’ right to information and struck down provisions permitting unlimited corporate contributions. (Sci API (https://api.sci.gov.in/supremecourt/2024/10865/10865_2024_1_302_51365_Judgement_11-Mar-2024.pdf?utm_source=chatgpt.com))

This should have produced a bipartisan institutional reform agenda. But none of the political parties of India appear interested in it. This only gives rise, especially in context of criminal records of large number of politicians, across all divides, that our entire political space has been significantly cartelised.  This problem is much larger than BJP versus Congress and shall seriously peril our future as a nation. Despite our political systems appearing competitive, these do not encourage any serious discourse with integrity on national excellence and innovation. This issue calls for serious reflection in interest of our long term security and progress as a nation. 

Security and Geopolitics

India continues to struggle in a trap created by the West fracture our identity and equate us with Pakistan. Pakistan’s military establishment developed religious militancy into an instrument of asymmetric and covert warfare against India through a sries of proxies. Serious scholarship documents the evolution of Pakistan’s use of non-state actors, particularly the transformation of the “people’s war” concept into jihad and the use of nuclear capability to create space for proxy warfare. (OUP Academic (https://academic.oup.com/book/27124/chapter-abstract/196504781?utm_source=chatgpt.com))

This produced a monster larger than the calculations of its creators.Islamist terrorism became transnational. Religious identity became weaponised. Kashmir became embedded in a wider contest involving terrorism, radicalisation and geopolitical competition. India should have understood much earlier that this was not merely a law-and-order problem or a territorial dispute. It was a statecraft problem requiring intelligence superiority, military deterrence, diplomatic isolation, economic leverage, ideological resilience and rapid justice. But corrupt and compromised systems of India, including its so-called liberal pacifist elements, have provided easy fodder to this monstrously deceptive slow war.  

Yet Indian state needs to be careful that the enemy is violent extremism and the state structures that enable it—not Indian Muslims, not Islam and not religious identity itself. India has to guard its Muslims from radicalisation by appropriate mix of pressure and persuasion. Challenges are too delicate and formidable given the global context. A police like approach has done more harm despite good intent of the state.

To defeat radicalism by generating collective alienation would be to reproduce its logic. India’s civilisational advantage is precisely that it need not choose between security and pluralism.  Nor should India romanticise Pakistan or remain strategically sentimental about the threat it has historically posed. The objective should have been—and remains—to cripple and destroy the capacity of the Pakistani military establishment as well as its ability to use terrorism as an instrument of statecraft while simultaneously ensuring that India does not become psychologically defined by Pakistan. Secular liberal people of Pakistan should be frontline soldiers in this war against military cabal that has used jehad as a lucrative industry for its own enrichment. 

A major power cannot allow a smaller adversary to determine the architecture of its national identity. The same strategic realism should govern our relationship with the wider world. Western powers, China, Russia and others will pursue their interests. Some will welcome India’s rise; some will seek to balance it; some will prefer India strong enough to be useful but not strong enough to become independently consequential. That is how geopolitics runs.

We must appreciate that there are so many transnational financial, technological and strategic interests that profiteer from sub-optimal progress of India leading to its continued dependence on the world. They seek to fragment and subvert its institutions. Most may not be foreigners but in a globalised world no network thrives without powerful global patronage.

No major power can afford build policies and act on assumptions that the world wants it to succeed merely because its success sounds desirable or romantic. India must build capability and stop its media peddling allegations of conspiracy theory by global deep states. It is waste of time and energy. 

Instead, India must plan to become too productive to coerce, too technologically capable to be intimidated, too institutionally resilient to be subverted and too strategically valuable to be ignored. It is possible. There is no dearth of smart brains in this country but they are not going to be as pliable and politically loyal as those who appear relevant and loyal to competing political forces.  

Need For a Fundamental Shift in Outlook

India needs a fundamental shift in how we understand national power. 

GDP is not national power. Neither are missiles, aircraft carriers or sophisticated weaponry sourced from foreign sources. Even diplomatic visibility on its own appears hollow.

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,  where state is protector, benefactor and corrector of every citizen, especially the high-end contributors to national power in every realm.

Relevance of Indocracy

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

How do we release the maximum potential of every Indian and organise that immense energy around a few national priorities?

This is where Indocracy becomes relevant.

Indocracy need not be another ideology, another party doctrine or another claim to civilisational superiority. Its value lies in recovering an older Indian insight: the state exists ultimately to create conditions in which human potential can flourish and collective energy can be harmonised toward a larger social purpose. I have spelled out details in many of may papers on how to infuse excellence in our systems, incentivize leadership and innovation and build a larger ecosystem for this purpose. 

China demonstrates extraordinary state capacity and scale. The West demonstrates immense technological, financial and institutional power. India has the possibility of contributing something different: a civilisational conception of power in which diversity need not mean weakness, freedom need not mean disorder, and strength need not require cultural homogenisation.

But that possibility will remain rhetoric unless Indians summon their conscience, courage and self belief to embark on a sustained reform. Where the call for re-dedication to the nation does not appear a rhetoric but a genuine conviction. 

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PS: It may contain typographic errors. same is regretted. 

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. 

HOLLOW COURTS: SILENT KILLERS OF NATIONAL VIGOUR (Judiciary-Vol 2)

        An independent, impartial, ethical and efficient Judiciary is the best guarantor of not only security of life, liberty and dignity of citizens but also the vigour, vitality and cohesion of a nation.  Internal peace and harmony have perennially been the bedrock of vibrant societies and robust states. 

   

CASE OF CEUTA: DID JUDICIARY DENT SECURITY?

    In concluding part of my last post on Judiciary, I had mentioned that the institutional capture by cartels and syndicates was the biggest betrayal of democracy. Cartels - of crime and corruption, under larger patronage of opaque global forces- can exploit open spaces offered by democracies to capture key institutions of state. This dents capacity of democracies to govern themselves in the best interest of their own security as well as wellbeing of their own people. 

    Recent developments in Spanish territory of Ceuta – where thousands of military age male from neighbouring Morocco took over streets, looting public stores, destroying assets, stabbing people, molesting and raping women and breaking into houses of peaceful residents- becomes relevant. There is a strong opinion that the crisis is an outcome of sustained erosion in efficacy of judicial systems over last few decades. Spanish courts, of late, have faced persistent allegations of declining capacity to implement reform laws and contain corruption in society, including its own ranks. Sluggish judicial processes and dwindling autonomy of judiciary are believed to have dented the agility and dynamism of entire domestic institutions. Hence, they failed to proactively anticipate, assess and deal with unexpected crisis. Every failure does not lead to a spectacle as many lapses quietly erode vigour and vitality of societies and states. By the time it gets too obvious, it is often too late. 

    Spain is still a powerful state, despite hostile gestures of President Trump. It should overcome the crises in Ceuta, but the episode shall leave a permanent scar on its people. Further, it is no guarantee that it shall not face bigger and irreversible problems if its collective energies continue to be choked by internal discords and inefficient judiciary. This is also a lesson for other nations facing similar or more intense problems.   

FORMIDABLE CHALLENGES OF INDIA: 

Probably the challenges in India are far more intense and serious even though it cannot be compared with Spain. No part of India faces the predicament of a small territory like Ceuta, strategic located across a vulnerable strait like Gibraltar, with contested sovereignty over centuries, and highly intense threats from radicalised forces of North Africa. Yet every state and every region their own share of challenges and threats, which call for optimal preparedness all the time. 

    But when judiciary loses its efficacy in any state, it dents capacity of institutions and morale of people both to stay prepared for unexpected challenges and threats. An inefficient judiciary, incapable of fulfilling its sacred obligation to uphold rule of law in a democracy, brings the entire governance edifice under severe stress. The net outcome is erosion social trust and fracture of social cohesion. These dent morale of not only upright and ethical citizens but even upright and professional functionaries of the state. If the situation stays unremedied for long, states experience erosion in their capacity to fulfill even their most fundamental obligations.

    A large developing state with fragile or subverted institutions, especially the criminal justice system, amidst serious external threat, in the current technology driven globalised world, is far more vulnerable to unexpected disasters. The consequences may impact not only the masses but even the elite. The threat need not always be in the form of external military or terrorist attacks. From natural calamities to polluted air and water to poor civic amenities and dysfunctional institutions to serious economic and technological stagnation to inability of state to negotiate with complex external challenges etc can impact lives for all to varying degrees.

    Even if a state is able to endure and emerge from a major crisis, the scar on its psyche is more often irreversible. 

ASYMMETRICAL COVERT WARS BEYOND MILITARY BATTLEFIELDS

    In a volatile and trust deficit world, clandestine subversion of institutions by hostile forces is a known form of covert warfare. This is perpetrated relentlessly, with varying degrees of intensity, even during peace time. From regional and global hegemons to lumpen and criminalised states to a host of internal mercenary and parasitical groups are involved in the same. While every act of lawlessness and governance failure must not be interpreted as covert war, but poor social trust and fragile criminal justice system provide the most fertile soil for subversive warfare by external powers and mercenary forces. It becomes easier for opaque global networks, with elaborate world-wide infrastructure, to capture lax institutions of liberal states through pliable proxies. Very often cohesive cartels come up in these institutions to take over institutions or rig chain of succession to leadership level roles, but these cartels shall struggle to survive without patronage of more powerful global forces. Hence, it is more important that key stakeholders of a state take proactive measures to protect their institutions. 

 

RECENT ACADEMIC RESERACHES AND INVESTIGATIONS

    Many courageous and ethical researchers and investigative journalists have often tried to offer deeper insight into this sphere. But our overall knowledge remains limited. One of the recent works captioned "Violence, Coercion, and the Politics of State Capture' (Federico Manfredi Firmian, Routledge, 2026) offers comparative case studies on how elites allied with militias and organized crime networks captured courts and governance in Madagascar, Sudan, Lebanon, Mexico, and Colombia–Venezuela borderlands. Judicial institutions are manipulated to shield illicit economies and repress accountability (Taylor & Francis).

    Roxana Gutiérrez‑Romero (Oxford Academic, 2026) in the work captioned "Killing for Control: How Drug Traffickers Capture the State and Expand Their Criminal Economies" exposes how Mexican drug trafficking organizations used bribery, assassinations, and intimidation of judges and politicians to dominate resource‑rich regions. They apparently carried out over 500 political assassinations and 156 attacks on relatives of officials, in a clear manifestation of direct cartel penetration into judicial and political systems (Oxford Academic).

    Hanna Samir Kassab & Jonathan D. Rosen (Springer, 2019) in their work "Corruption, Institutions, and Fragile States" explore how corruption and organized crime infiltrate fragile state institutions, including courts, creating systemic impunity and weakening governance (Springer). 

    "Embodiments and Frictions of Statehood in Transnational Criminal Justice" (Eva Magdalena Stambøl & Randi Solhjell, Theoretical Criminology, 2021) offers a large number of case studies in Mali and Liberia show how fragile judicial systems, under international “penal aid,” became arenas where global and local power asymmetries allowed criminal groups to exploit weak courts (SAGE Journals).

    City Bar & Vance Center Reports on Latin America (2025–2026) documents reprisals, assassinations, and disciplinary retaliation against judges in Mexico, Peru, Bolivia, and Ecuador, often linked to organized crime and political interests. Judges were killed (e.g., Bolivia’s Víctor Hugo Claure, Ecuador’s Lady Gissela Pachar Huanga) for rulings against cartels and corrupt elites. 

    Dejusticia Report: “With Judges on the Chopping Block” (2026) highlights Venezuela and El Salvador as prime examples of judicial capture, where courts became instruments of authoritarian regimes and criminal gangs, rubber‑stamping abuses and dismantling independence (Dejusticia)

    Due Process of Law Foundation (DPLF) & GI‑TOC Panel (2026) warns that organized crime in Latin America infiltrates judicial structures, customs agencies, and financial systems, securing impunity and territorial control. Courts and prosecutors are weakened, while cartels exploit prison systems to consolidate power (DPLF)

     Cartel penetration in criminal justice system is systemic and not driven by bribery alone. They often deploy assassinations, intimidation, and manipulation of judicial appointments to ensure their grip over criminal justice system. Fragile states with weak and inefficient institutions, rampant corruption and amenable to external pressures are most vulnerable. Courts are always the easy targets and so are upright and professional security officers. Cartelisation and capture of Judiciary undermines sovereignty where democracy and rule of law may survive more in form and less in substance. Courts tend to serve cartels and authoritarian rulers, which again in fragile states thrive more due to patronage by opaque global forces rather than goodwill of the people.

    Societal fracture, criminal violence and rampant corruption provide fertile ground for institutional erosion. Mega cartels weaponize these to ensure impunity and expand their illicit economies in collusion with corrupt and pliable elements in politics, bureaucracy, corporates, media  and eventually criminal justice system. The form, degree and intensity varies. 

INDIAN CONTEXT

Credible gold standard citations are too far and few in the Indian context. But recent media disclosures about Lawrence Bishnoi gang operating a global crime network appears improbable without larger patronage and support of clandestine cartels within Indian police. The places of its operation in North America or Dubai further point to something obvious. These places already had strong footprints of Pakistan backed Khalistani and Islamist groups, whose nexus with rogue and malicious elements within Indian police, judicial and political establishments is well documented.

    Vohra Commission report, commissioned after the 1993 Bombay bomb blasts, chaired by N.N. Vohra (Home Secretary), had categorically stated that D‑Company and other syndicates had deeply entrenched themselves in police, judiciary, and politics, creating a parallel system of governance. The report had warned that politicians, bureaucrats, and police officials were protecting and profiting from criminal cartels, undermining sovereignty. Role of judiciary has not been openly mentioned but it is assessed, on the basis of several available inputs, that the entire circle of subversion just cannot be completed without a similar and substantial degree of subversion. The Vohra commission had recommended creation of a dedicated agency to monitor and dismantle these networks. Nevertheless, such a bureaucratic solution was far too incapable of redressing the rot. 

    Patronage of D‑Company network by Pakistani ISI is well known. It is widely believed, on basis of credible researches, that this cartel's grip over narcotics trafficking, extortion, contract killings, and money laundering was simply impossible without strong nexus with powerful cartels within police, judicial and political establishments of India. A recent report by Times Now (2026) mentioned that 'Enforcement Directorate' had exposed D‑Company’s drug empire where both incumbents of Indian police and hawala operators were colluders. Earlier, US Treasury and UN Sanctions (2003 onwards) had designated Dawood Ibrahim as a global terrorist, citing his role in financing terror and infiltrating Indian institutions. This was done on the basis of credible evidence alone.

    Khalistani Outfits like Babbar Khalsa International (BKI) and Khalistan Zindabad Force (KZF) again involved in a wide variety of organised crime including narco trafficking. Both the groups are known to be working under direction of Pakistan’s ISI. Their nexus with cartels within Punjab Police has been spoken of at many platforms. The legendary former DGP of Punjab Police Late K.P.S. Gill (1997) had documented how Khalistani militants had thrived under police and political patronage in Punjab.

    These networks have definitely not died down as yet. There are several media reports that have highlighted drone incursions in Punjab from Pakistan, transporting both heroin and arms. These again hint at corruption within segments of Punjab police and organised funding of Khalistani cells. India Tribune (2026) has highlighted how ISI channeled funds to recruit rural youth of Punjab. The report exposed the larger narco‑terror nexus with politics. There are extensive media reports highlighting the penetration in Indian systems not only in Punjab but other states as well. Some of these I have mentioned in my paper on terrorism (An Indigenous Strategy on Terrorism - DocsLib). But the large size of the country and relative strength of institutions and resilience of Indian values have so far contained the level of subversion below a certain threshold level.  But there is definitely a need for serious institutional evaluation of the situation and initiation of efficacious remedial measures.  

 

In closely integrated and interconnected world, irregular and asymmetric warfare are integral components of zero-sum geopolitical chess by big powers. These wars extend way beyond military theatres. Courts, policing systems, bureaucracies, media ecosystems, regulatory institutions, and even political processes can become arenas of strategic manipulation.

 

STRATEGIC IMPLICATIONS 

I have stated earlier in my write ups that in contemporary closely integrated and interconnected world, irregular and asymmetric warfare are integral components of geopolitics.  Such wars extend way beyond military theatres. Courts, policing systems, bureaucracies, media ecosystems, regulatory institutions, and even political processes can become arenas of strategic manipulation. 

Local cartels, often ignorant of larger picture, capture key institutions of their own states for their private gains. When institutions designed to protect society become instruments of selective power, democracy survives in form but loses its substance.

 PSYCHOLOGICAL CONDITIONING 

    The deepest consequence of institutional capture is psychological and not merely legal or political alone. I have maintained, on basis of scientific research, that it is possible to capture not only institutions but also permanently alter the psyche of substantial percentage of people in an entire generation. External adversaries shall benefit if a society is trapped in a never-ending emotive identity conflict and sense of helplessness among citizens. This will automatically destroy societal cohesion and capacity of institutions to act impartially and fairly and morale of people to resist the damage.  

    In case of India, delayed justice, and even gross injustice, have become a predictable norm. a large percentage of ordinary citizens appear to have ceased expecting fairness from legal and judicial institutions. Such a scenario is certain to destroy popular confidence in institutions. 

    Integrity, altruism and human empathy have perennially been the bedrock of social trust. But now these are more often dismissed as naïveté. Dishonesty and opportunism appear to have become rational and desirable attributes of individuals and silence or collusion in dishonesty appears the highest hallmark of wisdom. In such a society, fear is no more an occasional state of emotion among deviants and violators of law. Rather it has become the framework of governance that expects compliance of citizens even against norms of rationality and law. Can such a society ever succeed in pursuit of comprehensive and sustained excellence in human endeavours? Shall it ever be able to optimise its collective all-round strengths of its people?  

     Neuroscience provides a convincing explanation. Through neuroplasticity, repeated exposure to intimidation, arbitrariness, and helplessness rewires behavioural responses - when RNA recodes DNA, instead the usual coding of RNA by DNA- that becomes part of genetic make-up over generations. These condition more and more individuals to increasingly favour conformity over courage and survival over principle. Across generations, persistent environmental pressures may also influence epigenetic patterns, reinforcing inherited tendencies towards distrust, learned helplessness, and institutional disengagement or even cowardice and opportunism.

    The biggest strength of a civilisation is not the wealth of some of its elite but the character of its masses. Such a phenomenon of learned behavior due to state oppression with judicial collusion attacks on the very fundamental strengths of our civilisation.   

      The ultimate battle, therefore, is not for legal and technical rules and procedures alone. It is for enhancing the quality of institutions of state and society that are dependent upon character of citizens. The latter depends upon opportunities and ambience available for optmising the strengths and capacities of human mind. These alone can equip us with the civilisational confidence to negotiate with both internal constraints and external challenges.  

    Our legal-clerical approach to governance, amidst rigged institutions and poorly conditioned societal psyche - especially the epigenetic survivalism evolved over generations among a substantial section of population due to centuries of oppressive foreign occupation- have been gradually retarding our civilisational strengths. It were relatively higher thresholds of integrity, altruism and societal trust among majority Hindu and Indic faith practitioners and liberal Muslims of India, that had helped democracy survive and thrive even amidst extreme poverty, after independence. Probably there is no other example of this kind. Nevertheless, subversion of institutions or failure of adequate evolution of democracy, especially severe dysfunctionality of criminal justice system, may be permanently eroding this strength of ours.    

HOLLOW JUDICIARY: SILENT CAPTURE OF INSTITUTIONS 

     In democracies, courts are the ultimate custodians of observance of rule of law. If such courts lose credibility, integrity and efficacy, the entire governance-administrative edifice comes under serious threat, seriously retarding all-round capacities of the concerned state.

    In one of my earlier posts on this very blog, which was also published in a magazine named Asian Affairs, in 2019 (Jitendra Kumar Ojha on Democracy, Governance, Geopolitics, National Security & Leadership : India's Crying Need for a Robust Criminal Justice System), I had stated: " A deficient criminal justice system not only hinders rule of law but also impedes internal security and social harmony, which are critical for economic development and national security". 

    Hollow courts in democracies are probably the biggest collaborators and approvers of subversive war against their own state and civilisation. This is especially when they lose their capacity to uphold and defend rule of law. It is irrelevant if the cause us procedural constraints or personal epigenetic factors of certain incumbents. The net outcome shall be silent capture of critical institutions by energised cartels seeking to enrich and empower themselves at the cost of an entire nation and society. 

Poor justice delivery system can destroy social peace and tranquility at one level and seriously impact mental health of citizenry, by raising anxiety levels and generating hopelessness. This directly impedes optimal peace, security, stability and progress of the targeted state and its overall capacity to negotiate with challenges and tap opportunities.

    Challenges concerning our judiciary is not an isolated one. There are multiple indicators that despite outward facade of democracy and sovereignty, we may still be a colony where capacities of state and society have deliberately been curtailed to restrict, if not choke, our optimal progress. Hence, I have been advocating, all on my own, a new science of statecraft captioned as Indocracy.  It encompasses all dimension of governance, security and geopolitics and it is not driven by common sense or law or moral philosophy alone. Rather it is outcome of much deeper inter-disciplinary wisdom and deliberation that goes way beyond normal personal exposures and simple academic information. 

    India needs an urgent, if not immediate, reform in its entire criminal justice system to secure its societal spaces and guard its institutions from all shades of internal and external covert warfare. Our failure in this domain is the only explanation for our sustained under performance on all parameters of governance and security compared to our northern neighbour, who used to be a younger civilisational sibling of ours, but has practiced Kautilyan statecraft with far higher levels of integrity than anyone else. 

Yet it is still not too late to chart out a new course of our own.

 

                                                    (To be concluded with last volume on Judiciary)