Hey, we all are scared of getting into legal tussle with anyone. We know that it usually takes 5 to 10 years for our Judiciary to give a judgement, which even at that point doesn’t guarantee truthful justice to the weak and poor. We are programmed to adjust to this reality by the display of that blindfold on the lady justice. (And who is this lady justice anyway?)
So why is this so ?
We will muse on this today.
Judiciary is one fourth of our democracy. A very important pillar. Ever wondered whats the competency of the people we are entrusting it with ?
In India, when we think of our youth, the best analytical minds take up the science subjects. The primary preference is for Engineering. Most ambitious youngsters become Engineers and Doctors. When I say most, that’s some 90 to 95% of the analytically bright mind pool of India.
Now the averages and a shade below average students as a ritual, take commerce related subjects – and they grow up to become very successful market analysts, C.As etc.
The rest of the students who find it hard to infer new facts from existing information or to observe and analyse the subtle, or to do the math for accounting solutions, quickly realise that they still can memorise printed words and sentences. They take up subjects and careers where mugging up printed words as infallible truths of the universe earns them a living.
This bunch is where most personnel who run the third and fourth pillars of our democracy comes from, namely the mainstream media and the Judiciary. Its another story that the primary pillar, the Legislative is mostly formed of a bunch even further down – the guys who can’t invent, can’t infer, can’t do math, and then can’t memories too. But that is another story for another musing.
Thanks to social media, nobody trusts the mainstream media anyway these days. Thus the quality of people manning it is not of much concern in the current society. But Judiciary ? Its very much an important part of our lives whether we like it or not. It exerts so much control on our society – and not just on judicial matters – it exerts great influence even on the executive and the legislative, with their back to back overreaches.
The second reason seems to be that the Judiciary still carries a lots of baggage from the colonial era and is thus culturally not congruent with the culture of India. It trains its insiders to be “brown sahibs” within a few years of being inducted into it. The first reason too contributes to it because the bunch as such is readily programmable to begin with.
Lastly, at least for few to several of them, the memberships to secret societies and clubs are a reason for their isolation from rest of the population. These clubs validates their newly acquired superiority from others, and provides them a brand new ego which is detached from their original, which was built on their not so impressive past.
Now at the end, all of it affects the well being and sovereignty of our nation and we need to fix this. Its the land we inherited from our ancestors, right ?
One solution is technology.
With the advent of AI, memorising is a skill the machines can beat us over and over on. A 5 year course needing to memorise the constitution along with its amendments should cease to exist in the next decade. Instead we should replace it with a one year course on the general principles of law and how to use technology to find the laws which concern a particular case.
Now comes in the technologists or lets just say, the technical minds.
We have plenty of analytical minds in the country, and plenty of exams which helps us find them too. For example, Civil Services examinations held nationwide by the UPSC could be used as the recruitment channel for the judges too. The one year orientation course mentioned above could be offered to the freshers who qualify for taking up this promising “IJS” (Indian Judiciary Service) cadre.
The education and employment channels for the advocates can remain the same, as their task is to present the cases in a readily digestible way for the judiciary. The quality of judges is any day infinitely important for the nation compared to that of the advocates. Going ahead even the need for advocates can be eliminated with the help of technology and smarter judges, but that’s for another musing, another decade or another century may be 😉