Daily English Vocab
PDF 05th May 2017
Perils of a tethered judiciary
The unpleasant stand-off between the judiciary and the executive has surfaced once more. It begins
with the Supreme Court collegium clearing names of Chief Justices and judges of High Courts.
Headed by Jagdish Singh Khehar, the collegium is moving forward with its recommendations
without waiting for the final resolution of the new memorandum of procedure (MOP).
The latest face-off (confrontation ) is unpalatable (कड़ा) and shocking. The government believes
it has the right to reject any recommendation in matters of appointment of judges on grounds of a
“threat to national security” without giving any explanation. The Supreme Court and many legal
luminaries (दिग्गज) advocate the necessity of complete judicial independence. They insist that
the judiciary should have the last say when it comes to appointment of judges.
Some of the best legal minds are also of the opinion that judicial independence lies at the heart of
the concept of modern government. This theory postulates that judges must be free to act
independently of those with political and economic control. The notion has its roots in the doctrine
of separation of powers. It is based on the conviction that the concentration of state power in some
hands could lead to tyranny (निरं कुश श़ासि). As Montesquieu said, “There is no liberty, if the
judiciary is not separated from the legislative and executive”
However it is felt by many, and not without reason, that there are many instances where the
judiciary has not been ‘fair and just’ even in cases of appointment of judges. Persons with barren
(showing no results or achievements) legal history and thin resumes have made it to the high
chair of justice just because they scored more in the private minds of judges. Why just about
appointment of judges, even in the appointment of senior advocates, examples of nepotism
(कुलपक्षप़ात) and undue favours are to be seen. While many deserving senior lawyers are not
getting that ‘distinction’, many well connected ones are found flaunting their new identities with
undue pride. Even many upright judges and some ex-CJIs have openly admitted the growing
corruption in the judiciary and have expressed concern.
The open defiance (अवम़ािि़ा) of Justice Chelameswar in refusing to attend collegium meetings
has not escaped observation. All these, as symptoms of growing disorder in the judiciary, have
become not just the talk of the profession but are even part of public discourse. Maybe all these
factors have weighed in with the executive in seeking to exercise more control. Hence, ever since
the judiciary arrogated (अिनिक़ारग्रहण) to itself all powers to appoint judges through a judicial
coup (an instance of successfully achieving something difficult.) in 1993, the executive has been
trying to restore what it considers a balance. Political leaders across party lines have openly
branded collegiums as an extra-constitutional system under which judges appoint judges in
complete secrecy.
Though the argument of the executive is not without substance, there is much more that it has to
answer for. If growing instances of corruption in the judiciary have become a matter of concern,
stories of rampant corruption and periodic ‘high-handedness’ by the executive have entered the
belief system of billions of Indians, who have internalised this knowledge through every day
hazardous experiences while dealing with an inefficient, arrogant, corrupt and self-serving
bureaucracy working under protective political masters who have vested interests in the loot. So
much so that it has become a matter of personal agony (वेिि़ा/व्यथ़ा) for helpless citizens, and
their sole hope and source of relief comes in the shape of the judiciary, the ultimate savior
(उद्ध़ारक/बच़ािेव़ाल़ा).
The present government under Narendra Modi offers the promise of cleansing the old system.
However, such hopes would fructify only when the quality, character and flavor of the new system
become a part of our everyday life. The outcome may mitigate the apprehensions of citizens. But
it may not be unfair to say that more than the authority of the executive, the citizens would love to
see the independence of the judiciary.
The glorious history of the Indian judiciary and its remarkable show of independence, where it has
stood like a rock to protect the rights of the poor and humble from the mighty, has kept alive a life
of freedom and fearlessness for billions. This is the reason the judiciary could create and sustain
for so long a rare sense of respect and reverence.
This is a most critical time for us. Acts of violence are being carried out openly and those with
extreme thinking are entering government and assuming decision-making positions. It is a time for
Indian democracy to show its maturity. And that can only happen with a great leadership vision at
the top and full independence enjoyed by our judiciary.
Questioning a few not-so-righteous acts of judges and citing a few examples of corruption and
nepotism may have a logical basis, but this cannot overwhelm the bold impartiality and character
of a majority of our learned judges, reflected many times and in many situations. It seems highly
unjustifiable even to think that our judges in collegiums will ever choose an extremist or one with
terror links to the high chair of justice. I am sure many in their legal career might have
professionally represented some alleged anti-socials or terrorists but to think that such people could
be a ‘threat to national security’ is wildly fanciful (क़ाल्पनिक).
It is time to be a little more proactive and add strength to the justice system, thus strengthening the
judicial infrastructure and rewarding fairness in the judicial system. Of the sanctioned strength of
1079, as many as 447 posts of judges are vacant in various high courts. Almost 50 per cent of the
posts are vacant at Allahabad High Court, the country’s biggest, with sanctioned strength of 160.
Calcutta High Court has the second highest vacancies with 37 of 72 posts lying vacant. The High
Court of Telangana and Andhra Pradesh with sanctioned strength of 61 has 34 posts vacant while
the Punjab and Haryana High Court has 39 of the 85 posts vacant.
As courts cope with these vacancies, some very disturbing happenings are taking place. The brutal
killing of an innocent dairy farmer in Alwar for transporting a cow he had bought legally, the
money award for Mamata Banarjee’s head for being what she is and a chaotic situation in Kashmir
where security forces are being manhandled by so-called separatist groups are some of these.
All these are indications that we are reaching the tipping point of intolerance and aggression. In
such cases, moderation becomes a bad word and extremism of any form the order of the day. This
evolution of ‘moments of excesses’ may bring more disasters than one can even imagine,
especially when you consider the after-effects in societies of an inter-connected world. What are
needed most therefore are firm moderators who can provide checks and balances. And no one can
perform that role better than an independent judiciary manned by upright judges.
In an ideal democracy, absolute independence of judiciary is a precondition. The reference to a
“threat to national security” will put a question mark on the ability of judges in making
appointments through collegiums on the one hand while on the other it will debilitate (शक्तिहीि
करि़ा/कमज़ोर करि़ा) many senior advocates. Overall, it will retard (िीम़ा करि़ा/अवरुद्ध करि़ा)
the dynamic character of the judiciary. A tethered (बंिी हुई/सीनमत) judiciary will result in India
becoming the “functioning anarchy” that Professor Galbraith once described it as.
Courtesy: The Statesman (National)
1. Savior (noun): an authority or a person who saves someone or something from danger or
difficulty. (उद्ध़ारक/बच़ािेव़ाल़ा)
Synonyms: rescuer, saver, guardian, protector.
Antonyms: enemy, foe.
Example: the policeman proved to be our savior, arriving on the scene just as we were about to
be mugged.
Origin: from Latin salvare ‘to save’.
2. Debilitate (verb): make (someone) very weak and infirm/ to impair the strength of. (शक्तिहीि
करि़ा/कमज़ोर करि़ा)
Synonyms: weaken, enfeeble, enervate, devitalize.
Antonyms: strengthen, invigorate, enable.
Example: For a writer, a hand injury can absolutely debilitate him.
Verb forms: Debilitate, Debilitated, Debilitated.
Related words:
Debilitation (noun) – शिशिलता
Origin: Latin debilitatus, past participle of debilitare to weaken
3. Retard (verb): delay or hold back in terms of progress or development. (िीम़ा करि़ा/अवरुद्ध
करि़ा)
Synonyms: brake, decelerate, slow, slacken.
Antonyms: accelerate, speed up, expedite.
Example: A sudden unexpected problem has retarded the growth of the organization.
Verb forms: Retard, Retarded, Retarded.
Related words:
Retardation (noun): गशतरोध
Origin: from Latin retardare, from re- ‘back’ + tardus ‘slow’.
4. Unpalatable (adjective): difficult to put up with or accept./ not pleasant or acceptable to the
taste or mind. (कड़ा/ अरुनचकर)
Synonyms: disagreeable, unpleasant, distasteful, unwelcomed.
Antonyms: agreeable palatable, acceptable.
Example: It is an unpalatable fact that crime makes a good news story.
Related words:
Palatable (adjective)- acceptable or satisfactory./ pleasant to taste.
5. Luminary (noun): a person who inspires or influences others, especially one prominent in a
particular sphere. (दिग्गज)
Synonyms: expert, master, panjandrum, dignitary.
Antonyms: ordinary.
Example: Because Sachin is a luminary in Cricket, many players consider him as an ideal for
them.
Origin: from Latin lumen means ‘light’.
6. Tyranny (noun): cruel and oppressive government or rule. (निरं कुश श़ासि)
Synonyms: despotism, absolutism, dictatorship, undemocratic rule, totalitarianism.
Antonyms: democracy, liberality.
Example: During training, the brutal commanding officer used tyranny to keep the soldiers in
line.
Related words:
Tyrannous (adjective) - शिरं कुि
7. Arrogate (verb): take or claim (something) without justification. (अिनिक़ारग्रहण करि़ा)
Synonyms: take over, usurp, pirate, commandeer, appropriate.
Antonyms: abstain, refuse.
Example: The gang is trying to arrogate the public park and turn it into their private meeting
space.
Verb forms: Arrogate, Arrogated, Arrogated.
Related words:
Arrogation (noun) - अिशधकार ग्रहण
Origin: rom Latin arrogat- ‘claimed for oneself’.
8. Coup (noun): an instance of successfully achieving something difficult. (सफल एवं अकस्म़ात
दिय़ा)
Synonyms: successful manoeuvre, accomplishment, sudden triumph.
Antonyms: failure, fiasco.
Example: Since our team is usually eliminated early in the competition, we considered it a major
coup when we won the championship.
9. Agony (noun): intense pain or suffering /extreme physical or mental suffering. (वेिि़ा/व्यथ़ा)
Synonyms: pain, suffering, torture, anguish, affliction.
Antonyms: happiness, joy, comfort.
Example: When a soldier martyrs, it is an emotional agony for the people of country.
Verb forms: agonize, agonized, agonized.
Related words:
Agonize (verb) - suffer agony or anguish
10. Fanciful (adjective): existing only in the imagination. (क़ाल्पनिक)
Synonyms: imaginative, unrealistic, whimsical, impractical.
Antonyms: practical, reasonable, sensible.
Example: it is too fanciful to think of teaching mathematics through dance.
Related words:
Fancy (noun) - a superficial or transient feeling of liking or attraction.
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