E-Book - Mahatma Gandhi

Is There an Alternative to… 175Can we then say that legislators, once elected, havebeen anxious to protect the dignity and the basic axioms of thesystem? Disorderly behaviour in the Houses, mutual fisticuffs,obscene language and gestures, outrageous conduct likeattempting to pin down and molest a woman member on thefloor of the House, willingness to change loyalties, betrayal ofthe mandate of the electorate, and defection to gain an officefor a wad of notes, have an contributed to make a mockery ofthe system. It is not that the system has been brought intodisrepute; it is the system that has produced the presentquagmire. How then can it save itself?The next institution that we have to look at is theJudiciary. Neither Fundamental Rights nor the Concept ofEquality before Law can have meaning without an independent,fearless and incorruptible judiciary. The lowliest of citizensmust be able to obtain justice before the efflux of time robsjudicial verdicts of the power to provide redress. It must be saidwith regret that the credibility of this institution too isreceiving, a severe battering. To take expeditiousness andexpensiveness first: it is well known that there are more thantwo crores of cases pending in the courts. Backlogs keepaccumulating in geometric proportions. Hearings are repeatedlyput off for long periods, causing delay, expenses, harassment,and denial of justice. There are no codes that limit the fees oflawyers and relate them, to the incomes of the poor whoconstitute 80 per cent or more of our people, or even to theincome of clients. There are lawyers who charge 'astronomical'fees for appearing for a few minutes, and there are some whocharge not only for appearing, but also for not appearing onbehalf of a defendant or petitioner. It is reported that there arecourts that teem with touts and fixers and brokers who claim tobe able to get judgements in favour of their clients. Charges ofbribery, corruption, and consideration have been made even