E-Book - Mahatma Gandhi

176 Contextualising Gandhian Thoughtagainst sitting judges of High Courts. One judge of theSupreme Court has been arraigned for corruption. Barassociations have passed resolutions condemning the conductof judges as well as High Judicial Officers of the Stateincluding the Attorney-General. As has happened with thepoliticians, the innocent and the upright may also becomevictims of a feeling of general cynicism, and the institutionitself may lose credibility and effectiveness.Ever since the theory of a committed judiciary was putforward in the late sixties, in the regime of Indira Gandhi, therehave been a series of attacks on the independence of thejudiciary. Packing courts with caste cronies and politicalappointees, using the threat of transfers and supersessions, andthe temptation of discreet offers of lucrative or prestigiouspostings or appointments, and so on, and in the cases of somelower courts, downright arm-twisting or violence, have beenemployed to 'clip the wings' of the Judiciary; in other words, tosubject them to the same tactic of threats and sops, and to usethe power of the legislature or the executive to circumvent thejudgements, intentions and role of the judiciary. No wonderJustice P.N. Bhagwati was forced to observe that 'the judiciaryis under attack, and the rule of law is in danger.'For lack of time, I do not propose to deal with theBureaucracy.But there is one other powerful enemy that hasinfiltrated into every vein, artery and capillary, into every nookand corner of the system, and is working nonchalantly,cynically, ceaselessly to destroy the system. This is corruption.Laws can be circumvented. Immunity can be bought. A crimethat is committed in broad daylight before witnesses may neverget proved. The guilty may not be punished. An innocentperson who incurs the ire of the powerful may rot in jail ontrumped up charges. Postings in police stations that are