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. It has been the soul
of every extra ordinary state, society and civilisation. A society that
practiced higher quality and principles of justice in its context, always succeeded
in optimising collective potentials, capacities and output of its people,
helping them build better worlds. But when justice falters, even the greatest
among nations and civilisations sink into an orgy of vulgar power grab.
In every context and every era, 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 sentiments 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
JUSTICE FALTERS CIVILISATIONS CRUMBLE
Civilisations often slid back and states decay, when
societies lose their conscience and courts become moot spectators or active collaborators.
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 and
courage
Justice is heartbeat of a society and Judiciary its custodian;
When justice falters, civilisations crumble.
[This was supposed to be concluding volume. But I have been
compelled to extend it. The next volume on Indian Judiciary shall identify key
challenges and explore potential solutions.]
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