Set against upheavals elsewhere, India has a judiciary that faces no existential threat. Rather, it zealously seeks to safeguard its independence from the executive. Judiciary is subservient to the rulers in dictatorships but democracy accords prime importance to both people’s will and power of the judiciary. Yet, the dividing line between the power of the executive and of the judiciary is often blurred. Strong rulers have a tendency to bend all arms of the establishment to their will. So with Israel now, where street protests are staged against attempts by Prime Minister Benjamin Netanyahu to introduce judicial reforms. A bill to accord more authority to the government in appointment of judges is expected before the Knesset soon. Protesters say this would affect the judiciary’s independence. Such arguments are commonplace, but Netanyahu would not budge as is evident from his outright dismissal of the defence minister who tried to back the protesters.
Note the other extreme in Saudi Arabia. Crown Prince or chief executive Mohammed bin Salman is in a mind to put 10 judges on the death row; their crime being that they seemingly awarded ‘soft’ punishments to human rights campaigners and women activists. He is replacing these judges with hardliners who would review several such judgments of the past and make amends. Anything is possible in Saudi Arabia. Barbarism is integral to its governance systems even while it remains the most-dependable ally of the US in the Middle East. George Bush junior’s pro-democracy initiatives for the region yielded some results only in Iraq.
The judiciary in India is free for most part and this has been so all along. The system maintains considerable respectability even though in recent years it has exposed its underbelly and raised several questions. Absolute freedom can corrupt any system and so it goes for the judiciary too. Checks and balances are a must. Else, the nation would face grim consequences. Prime Minister Narendra Modi, during his nine years in power avoided rubbing powerful forces the wrong way though he carries with him an image of being a strong leader. Judicial reforms are the calling of the times in India too. Old systems rust. What was set in place seven decades ago should change with the times and its core should be strengthened rather than the government allowing a drift. To cite one instance, the judiciary is stonewalling the setting up of a national judicial appointments commission to oversee selection of judges and introduce bright young minds into the system and also to hold the judiciary accountable. The government obviously does not have the courage to stand its ground in such matters of urgent importance.