Is Institutional integrity in India under threat?

Chief Justice of India Surya Kant’s words indicate we are heading towards a phenomenal decline of institutions. The judiciary isn’t alone. From Parliament to the public we can easily find innumerable instances.

Just look at the ruckus that unfolded in Himachal Pradesh on Wednesday night. Two dozen armed men enter a resort, forcibly capture three youths, shove them in the vehicles and leave. They allegedly destroy the CCTV footage.

The moment Himachal Police comes to know about the incident it swings into action. In no time the Delhi-bound vehicle is intercepted at a check-post near Dharampur. The people detained by the Himachal Police weren’t thieves but Delhi policemen and officers. The youths in their custody were the workers of the Indian Youth Congress. A warrant had been issued against them for ‘indecent demonstration’ at the AI Impact Summit held in Delhi.

The Congress is in power in Himachal. It’s natural to question that these Youth Congress workers had political patronage.

The Himachal Police officers were aware of the fact that the ones they were detaining were men in uniform just like them. Later the Delhi police officers and the arrested youth were produced in Shimla court. The Himachal Police alleged procedural violations by the Delhi Police for not informing them in advance and for failing to obtain transit remand after the medical examination of the arrested youths.

Confrontation between state police forces is rising at an alarming rate. Last month, a similar confrontation was witnessed between the Uttar Pradesh and the Bengal Police. When the Enforcement Directorate (ED) officers raided the election management company I-PAC’s regional office in Kolkata, the chief minister of West Bengal, with heavy police posse, reached the site and snatched the documents from the investigating officers.

I can list many such instances where at the behest of their political masters the police forces and investigative agencies took up cudgels against each other creating a constitutional crisis. The politicization of police is against the federal structure of India but politicians refuse to learn any lessons.

Let’s talk about the judiciary.

A chapter in the Class 8th social science book is at the heart of the present controversy—titled—Role of the Judiciary in Our Society.

According to the Supreme Court (SC), “Though a full chapter is dedicated to the Judiciary’s role in our society, the glorious history of the Supreme Court, high courts and district courts have been brushed aside. The text fails to mention the role of the judiciary in upholding constitutional values, basic structure.”

In the last few years, attacks on the SC have increased. People can argue that in an era of social media when even the gods are under attack, why should we bother about allegations levelled against the judiciary? I disagree. However, if the hon’ble judges want to silence stray voices they should set their house in order.

Just a couple of weeks ago, the SC commented on a bail order issued from the Allahabad High Court saying, “We are unable to understand what the High Court intends to say? In a serious case like dowry death what was the criteria high court applied to issue bail to the accused”.

Reacting to the observation, the Allahabad High Court judge Pankaj Bhatia wished to be recused from bail plea cases. Was it a case of moral responsibility or dissent?

The SC has to decide on many contentious issues. The case related to Justice Shekhar Kumar Yadav of Allahabad High Court is one of them. He used derogatory language against the minority community while speaking on Uniform Civil Code at a Vishva Hindu Parishad meet on 8 December 2024.

The SC took cognizance of it. Former Delhi High Court judge Yashwant Varma’s case is pending in the SC as well as Parliament.

The list is endless but you get the drift. Judiciary is the last hope of millions in the country. Securing its integrity protects the hopes of those people.

While it’s the responsibility of the government and the society to preserve the judicial probity, the judiciary too needs to do its part.

Shashi Shekhar is editor-in-chief, Hindustan. Views are personal.