4 hrs ago
Former Supreme Court Judge Warns of Judiciary’s Declining Independence
Justice Deepak Gupta, a former Supreme Court judge, spoke about problems he sees in India’s courts.
He said courts should protect people’s basic rights and allow people to disagree peacefully.
He worried that some courts may be giving too much importance to the views of the majority.
He also said people are sometimes kept in jail for a long time before their trials begin.
Gupta mentioned Umar Khalid and Sonam Wangchuk while discussing liberty and detention.
He questioned how some cases involving religious places and protests have been handled.
He said judges should represent all parts of society and that the process for choosing judges should be more open.
He also criticized lawyers’ organizations for not acting strongly enough against misconduct.
Gupta warned that people may lose faith in courts if the judiciary does not protect justice, equality and freedom.
Justice Deepak Gupta said courts are increasingly moving toward majoritarianism and warned that “black sheep” in the judiciary are increasing.
Gupta argued that constitutional courts must protect fundamental rights, dissent, liberty and speedy trials, not merely settle disputes.
He cited prolonged incarceration of undertrials, including Umar Khalid, and said “the process has become the punishment.”
Gupta questioned judicial handling of Sonam Wangchuk’s detention and the Gyanvapi mosque dispute, warning of effects on communal harmony.
He criticized opaque judicial appointments, declining pro bono work and weak Bar Council oversight, calling for measures to restore public trust.
- Who
- Former Supreme Court judge Justice Deepak Gupta.
- What
- Gupta raised concerns about judicial independence, majoritarianism, dissent, prolonged detention, judicial representation and declining public trust.
- Where
- In comments focused on India’s judiciary, including the Supreme Court and High Courts.
- When
- On the occasion of India’s 80th Independence Day.
- Why
- He said an independent judiciary is necessary to protect fundamental rights, democracy, equality and liberty.
Gupta’s Concerns
Institutional Perspective
Judicial majoritarianism
Gupta’s Concerns
Gupta alleged that courts are increasingly ignoring opposing voices and moving toward majoritarianism.
Institutional Perspective
The article does not provide a direct response from the judiciary or government to this allegation.
Detention and fundamental rights
Gupta’s Concerns
Gupta said prolonged pretrial imprisonment violates liberty and speedy-trial rights, arguing that “the process has become the punishment.”
Institutional Perspective
The article does not include a response defending the cited detention decisions or explaining the delays.
Judicial appointments
Gupta’s Concerns
Gupta said recent appointments lacked sufficient caste and religious diversity and criticized the collegium’s lack of transparency.
Institutional Perspective
The article does not report a reply from the collegium or other officials regarding appointment criteria or diversity.
Key facts
- Speaker
- Justice Deepak Gupta, a former Supreme Court judge
- Core concern
- Gupta said courts at all levels are moving toward majoritarianism and that the number of “black sheep” in the judiciary is increasing.
- Undertrial concern
- He said there are three undertrials for every convict and argued that imprisonment has overtaken “bail, not jail” in practice.
- Cases cited
- Gupta referred to Umar Khalid’s prolonged incarceration without the start of his trial and Sonam Wangchuk’s detention proceedings.
- Judicial appointments
- He criticized the collegium system as opaque and questioned the lack of diversity among recent judicial appointments.
- Legal profession
- Gupta said legal fees have risen while pro bono work has declined, and criticized Bar Councils for weak disciplinary and educational oversight.
- Democratic principle
- Gupta described dissent and the freedom to express views as essential parts of democracy.
Quotes
Justice Deepak Gupta
Former Supreme Court judge discussing prolonged detention and the treatment of accused persons.
“This is not the justice, the liberty, the equality, or the fraternity enshrined in the Preamble to our Constitution”
freepressjournal.in
“The process has become the punishment”
freepressjournal.in
J. William Fulbright
American political scientist and former United States senator, quoted by Justice Deepak Gupta.
“In a democracy, dissent is an act of faith”
freepressjournal.in
Sources
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