1. Editorial: Judging the government

Editorial: Judging the government

Govt only not to blame, but India short of judges/cops

By: | Published: April 26, 2016 6:32 AM

Given how the judiciary is always held responsible for the huge delays in courts, it is not surprising that Chief Justice of India (CJI) TS Thakur should have got as emotional as he did at the joint conference of chief ministers and chief justices of high courts in the presence of Prime Minister Narendra Modi and law minister DV Sadananda Gowda. As he pointed out, while the Law Commission had, way back in 1987, recommended that India have 50 judges per million people, we have a mere 15 today—that’s a shortage of nearly 45,000 judges or two-and-a-half times the number of judges India has at the moment. The current government, however, is not solely to blame for this since the 170 recommendations for fresh appointments that the CJI said were stuck at its level don’t even scratch the surface, vital as it is that they be cleared at the earliest. There is also the issue of the role of the executive in appointments that needs to be discussed since, after the Second and Third Judges cases in the 1990s, this role has been reduced dramatically—sadly, the Supreme Court struck down the National Judicial Appointment Commission which sought to redress the imbalance which had shifted entirely in favour of the judiciary.

The larger point, of course, is that India has a distorted government structure—too many clerical staff and too few judges, policemen, doctors, teachers, taxmen, etc. Against a sanctioned strength of 181.5 policemen per lakh people, for instance, the actual figure was 136.4—according to a statement in the Rajya Sabha—in 2014 and this does not take into account the ideal strength. Similarly, there were just seven doctors for every 10,000 people in 2014, which is half the average in the developed world. As far as schools are concerned, 6,400 out of the 7.6 lakh primary schools do not have a single teacher, according to the human resource ministry’s District Information System for Education. And schools need to hire 1.2 million teachers. While a closed door meeting between the CJI and the government—which is what the prime minister suggested to the CJI at the conference—will possibly help get these 170 names cleared, what is required is a deeper look at the structure of the government. This means the size of the government has to be expanded dramatically when it comes to the technical side that comprises policemen, doctors, teachers, and so on—and the money for their salaries and the support infrastructure like clinics, hospitals, schools and courts has to come from pruning the clerical staff and that on wasteful subsidies. It is only when this is done that India can truly move towards becoming a developed country. Unless it has enough policemen, crime will always be an issue; without enough judges, delays in courts will remain endemic; without enough teachers, teaching outcomes will remain poor; without enough taxmen, tax collections will fall short … There are, of course, technical solutions offered through greater computerisation of courts or greater use of online learning and so on, but there is a certain minimum size that is required and India is far short of that.

  1. K
    Kal Gandikota
    Apr 26, 2016 at 1:21 am
    Namasthe! mAlaykum! SatSriAkal! Vanakkam! Pranaam! My heartfelt thanks to Hon’ble Chief Justice of India and Honble PM of India for sharing their thoughts. Many thanks to all dignitaries (Hon’ble elected representatives, Officers, Attorneys/lawyers) for taking time out of their busy schedules to witness this event. It helps ordinary people like us understand how important these forums are for stability, peace, integrity, harmony, unity, progress and prosperity of not only humanity in India but also for the well-being of Mother Earth, and all her animate and inanimate children. By Animate, I mean all living creatures including trees and not just human beings! By Inanimate, I mean all non-living like water, air, mountains, minerals, soils, oils etc.I think CJI’s speech was immaculate, logical, apt and indisble. Numbers are scary. There is so much crime and so many disputes being taken to courts. Then there is phobia and ignorance. Though he became emotional due to graveness of the situation, his intellectual poise and humility presenting facts frankly before Indian Citizens is note-worthy. He shattered the notion that freedom of expression/speech is a big satire and it could well be one heavy solo of tragedy. I agree with you something must be done and Modiji is definitely on this for quite some time, as evident from his earlier speeches, on the complex judicial system and archaic laws. Personally I felt, CJI presenting facts was like a machine churning out numbers. I admire his discipline and objective logical analysis. But is just only increasing the number of judges help?....it is like saying let’s just keep dumping urea and the plants will grow big in a drought-hit-barren land full of animals munching away remaining withered saplings.With only Law, human beings are no more than machines. With only little ethics and morality humans are no more than animals. Thus, the differentiating factor between animals and us are those Ethics and Morals better than them. Hence as human beings, let us all ess/review/analyze this grave epidemic of crimes (disputes, misdemeanors, felonies etc.) from perspective of not only criminology/law/jurisprudence but also from the view of Psychology (social, legal, organizational, humanistic, forensic etc.). Justice is necessary. But justice alone is not sufficient; solutions to avoid these kinds of issues must be explored. All elected representatives and officers present at Vignan Bhavan got an opportunity to be there because they are all very smart, practical, logical, well-educated, patriotic, nationalistic, compionate, determined and able & capable enough to solve India’s toughest disputes/issues (social, political, economical). However, common people have their own limitations and we cannot expect 1.25 billion people of India to be as smart, pious, law-abiding and/or as healthy physically and mentally. If all Indians were as smart, they would “all” have become successful workers, successful officers, successful businessmen or politicians. Thus, crime/disputes/misdemeanors/felonies etc. will always exist.Had those accused/guilty known their rights, laws, rules & regulations, benefits and responsibilities would they do what they did/doing? When the guilty came out of their mothers’ wombs they were as innocent as those (lucky few, privileged) when they came out of their mothers’ wombs. What changed since then in their lives? Because some children (female and male) did not grow up to be responsible adults of today, India is facing these kinds of problems now. In the past, some mothers failed somewhere, some teachers failed somewhere that the adults of today are causing mischief and going on rampage becoming rowdies, murderers, vandals, alga vad, atankvad, corrupt, robbers, prosutes etc. Everyone where they lived, where they got educated, their parents, siblings, relatives, friends (current/previous), their teachers, their community leaders, their religious leaders, those who abused/discriminated them, the media(movies, tv, news etc.) they watched etc. are all guilty and answerable to crimes though they all may not be punishable in a court of law.All Indians are same people ripped apart by various discriminatory ideologies like caste, religion, language, race, tribe, region, gender (women, including LGBT) nationality etc. Entire nation has become one gigantic dysfunctional family. Only when all Intellectuals (of all discriminatory ideologies) align towards the same ultimate goal of India’s Development ONLY then there will be peace, progress, prosperity and happiness in India.I understand there is no compromise in even one of the myriad discriminatory ideologies of India. Now, there are 800 million strong youth in India. For me, it indicates not only optimism but also pessimism of civil-war. India’s youth need work. As you see, all the wars/protests in the Middle-East should not only be viewed from the perspective of Collective religious propaa but also from the view of otherwise peaceful but hungry youth taking arms to feed themselves and their families. This indeed is a grave danger. However, they are not the only ones to blame. It is obvious that since the last 3500 years, West Asia/Mediterranean is torn by collectivist religious and political ideologies. Such ideologies even caught fire leading to the fires of slavery, women-trafficking/prosution and colonialism across the entire world. Few such fires have resulted in the division of Hindustan into India and stan. Even after India and stan’s separation, few such fires resulted in incompetents uming highest offices/businesses who steered both the countries into the current mess. Now India & stan are reeling into poverty and inflation. Wealth of middle-cl & poor is evaporating…One day when 1 US dollar=10000 PKR rupees/Indian Rupees, India & stan may also expect civil wars like those in Middle-East/Africa or a revolution similar to that in Iran or China or Russia. In an event like that, I’m afraid people from stan may flood the borders and cross into India just like the refugees flooding Europe. Much worse, refugees from India and stan may flood elsewhere. In some nations of the world, entire potion is taught to carry arms as part of military exercise/have the right to bear arms just like those people of Middle-East/West Asia. What would these nations do if they did not have jobs? It is astonishing AND ANXIETY PROVOKING KNOWING that 1. 20% of Indian Potion is going to suffer from some form of mental disorder by 2020. That’s roughly 40% of Indian adults or 24 crores of Indian adults. 2. Now there are at least 7 crore mentally-ill Indians and there are less than 4000 Psychiatrists.3. 1 in 4 Indian adults are suffering from anxiety disorder.4. 35 lakh Indians need hospitalization for mental illness but only 40 insutions and less than 26 thousand beds.5. India will become suicide capital of the world.Is this representative of Demographic Dividend or indicative of an imminent Demographic Disaster? Hence besides Judges & Judiciary, even the mental-health system, research and education in India must be immediately improved and increased/expanded. 1. If there is one branch of medical sciences that needs largest number of seats, it should be mental health (Psychiatrists, Psychologists, Staff, Nurses, Marriage & family therapists, Social Workers etc. 2. Every Hospital must have secure(guarded by police) mental health departments which can receive as many Primary care patients(outpatients) as possible. Even Mental health hospitals seats may be increased too.3. Also by training teachers, students, doctors(non mental-health), health-workers, news media workers(front face/back office), military, Indian Intelligence Agencies, all aspiring leaders, law enforcements, lawyers, law-makers, Indian Ambadors/staff working in consulates, Political/religious/business leaders etc. in behavioral/psychological field many issues(of human friction) could be mitigated.4. (curriculums) Educating Juveniles (Starting 12 to 18; men, women, LGBT) about their hormonal changes (uality), mature behaviors, communication skills, laws, escalation/grievance mechanisms etc. India has a wealth of behavioral/psychology knowledge in religious domain (Hinduism, Buddhism, Sikhism, Jainism, Christianity, Islam etc.). However there is no unifying secular method of preventing or treating behavioral health problems. At least adolescents and adult students should be taught behavioral concepts like communication skills, how to present themselves with higher authorities, problem-makers, Aggressive people, angry people, with people of other religions, with people of other regions, languages, foreign employers, opposite gender(how should men behave with women and vice-versa) etc.5. Students(Youth) and Adults must be made aware of what’s happening around the world in reality besides foreign movies(including ) they see.6. Hope Indian Government establishes agencies like NAMI of USA (National Alliance on Mental Illness). 7. Also I can only pray and hope the patient is literate and has access to internet and books to rectify their own behaviors. Hope an Indian Psychologist translates some por self-help books/workbooks into Hindi and other languages.Even after diagnosing “all mental patients” in India, India still is not going to be safe just as obviously as USA is not safe. Only when Psychopaths are also diagnosed, then only one can expect India (world) to be safe. However, the definition of Psychopaths is still not clear. On top of it, diagnosis is also vague and subjective. Hence, hope Indian Psychologists/doctors/scientists do research on Psychopathology(group, individual etc.)As times are changing, laws and surveillance methods & technologies must also be updated. Law-makers and law-enforcement must constantly keep brainstorming all necessary laws/methods and come up with not only necessary deterrents but also ensure they are sufficient in mitigating the blithe of crime from spreading. In 21st century, technologies like Internet, CCTV cameras, mobilephones, hidden cameras/mics etc. may be used alongside necessary laws and protocols/procedures.One peaceful way to mitigate crime in poor developing nations like India is by proliferating electricity and communication (satellite TV including internet) to nooks and corners of a country. With Internet, 1. Information travels quick. Probably the CCTV footages could be viewed instantly by security/Police via internet and cellphone calls. In courts, it expedites the delivery of justice.2. it is easy to extract who the exact criminals are. With internet, crime is more obvious to catch the criminals. (cellphones run on Internet backbone. Conversations could be tapped instantly/automatically using BigData Solutions/Research)3. Internet based Jurisprudence/judicial systems help relieve some routine burden on judges/lawyers from lowest to highest levels of government for effectively storing files, search & retrieval, tagging etc.4. With truth out there, Internet gives hope to capable/smart youngsters to seek out opportunities (studies/work) and strive to better their lives instead of becoming vandals, terrorists, murderers, criminals, rapists, prosutes etc. 5. Girl-children who are under several restrictions by their traditional-parents could get educated from their own homes under supervision of their traditional parents. And then these educated girls might grow up to be responsible mothers of future generations.6. If one does not have enough money or time to travel one may still edify themselves and make friends with people around the planet via internet instead of becoming vandals, rapists, prosutes, acid-throwers, murderers, criminals or terrorists.Let us all pray together and wish a day dawns when one doesn’t need pay high tuition fees or travel across India (to insutes like JNU, Hyderabad university or NIT) or elsewhere in the world (like Ukraine, USA, Australia etc.) to study if one has no money to study sciences, medicine, business, law, politics, technologies, acting, cinema, martial-arts, sociology, psychology, philosophy, religion etc. Just a computer and internet connection will do. (It is possible to reduce the costs of education by a good mix of online cles & necessary in-person clroom lectures and labs.)I apologize if I said anything inconvenient. The majority of people (Samanya jan) in this world reason though they may be afraid to express themselves in public. The modern India(world) is faced with many grave challenges than just space challenges like poverty, malnutrition, pollution, corruption, dirty politics, extortions, riots, suicides, parasitic economies, prosutes/concubines & their cuckolding, religiously-enforced-no-choice pregnancies, teen-pregnancies/marriages, divorces, gender inequalities(including LGBT), misguided proselytizations/religious terrorism, adverse climate changes and Global warming. Let us all humbly meditate and introspect “Do we, even now in 21st century, fight amongst ourselves and try tearing our Mother India apart and watch vultures devouring it or we now vow to sch her wounds, nurture her, heal and strengthen her to stand up for Peace once again and shine, brighter than ever, as the Beacon of Hope for jobless, sick, vanchith, peedith, Sochith,kuchilith, dabhe and upaekh around the world?”STAND UP INDIA! START UP INDIA!“Do we, even now in 21st century, fight amongst ourselves and make children(especially girls) of Mother India cry or we now vow to, at least, wipe their tears properly with shame and dignity, let alone keep swearing again and again that we are gonna strive to protect them and make their lives better with lots of funds?”Jai Jawan! Jai Kisan! Jai Vigyan! Jaago NowJawan!Please kindly forgive me if I said anything incorrect and wrong or hurt anyone’s feelings! I am open to criticisms, suggestions, corrections and feedback. Also due to time constraints, please kindly forgive my Indlish mistakes too! I will correct my Indlish mistakes as time permits!Satyameva Jayathe!Kal ikotaNote: I am not paid to comment and not seeking favors. I made this comment so I get replies from fellow viewers to educate myself. If I have grievances, they'll get posted on MyGov, PMO or other Government Websites. I am not affiliated with any political party, religion, media, NGO, Government insution, business, nationality etc. Hence if anyone uses this comment for making their decisions, I am not responsible for any failures incurred. Before my comment disappears, copy to 1. All Political Parties of India, stan, Bangla Desh and the world 2. Tribes of India, stan, Bangla Desh and the world 3. NGOs(including religious missionaries) of the world 5. Newspapers of India, stan, Bangla Desh and the world 6. Translators of all languages of the universe 7. All sapient beings of the universe 8. All sentient beings of the universe
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