Lest the Honourable and Learned Lordships haul us up for contempt and throw us to the dogs in the jail, we hasten to clarify that we are not referring to the courts that dispense justice but royal courts of yore that are being reincarnated in what we thought were modern polities—democracies or authoritarian regimes of different shades.
Glittering courts were presided over by Romans, Chinese Khans, Krishna Deva Raya who ruled over the fabulously wealthy Vijayanagara empire, Turks and the Grand Moguls in India and the Sultans in Deccan. The Nine Gems of Akbar’s court are as famous as their patron but other majesties also had viziers and amatyas no less gifted and dedicated to the welfare of the state and the subjects of the monarch.
Fast forward to present day and the court of the foul-mouthed ‘uncrowned’ King-Emperor of the US. His courtiers are spitting images of their boss—braggarts, bullies and buffoons. Some may object to the word uncrowned. Hasn’t Donald Trump won both the electoral college and the popular vote convincingly. Despite his impeachment and convictions for acts of moral turpitude and well-founded allegations of inciting an insurrection more than half the Americans gave him the mandate to rule once again. What more is required for anointment and crowning? The POTUS has no respect for courts of law, his wish is his command and like some other charismatic elected leaders he believes that God has chosen him to Make America Great Again. Call it megalomania, if you like, but the world is reconciling to the changed reality where the rule-based system has ceased to exist.
But then the US is not only a superpower that has at the helm a leader who thinks he is superman capable of anything and everything. Vladimir Putin has ruled over Russia longer than any of his predecessors since Stalin. Many have compared him to the Imperial Tsars. The walls of Kremlin are more opaque than of the White House and one knows little of the charmed circle of counsellors and fawning courtiers. Blunt talking is done by Putin himself sans buffoonery. There is no place in his palace for court jesters. What this sovereign shares with Trump is the vision to restore Russia to its old glory.
Xi Jinping is younger than both Trump and Putin. He has already been at the top for over 12 years and may well be there for the next decade or more. Xi is also driven by the dream to make China the greatest power on earth. The People’s Republic of China is a state with powerfully evocative civilisational memories. The core has remained intact through colonial aggression, civil wars, Maoist revolution and the violent turmoil of cultural revolution. It’s extremely unlikely that China will succumb to Trump’s bluffs or blackmail.
Neither of these autocratic rulers has any regard for courts of law that may try to restrain their absolute power. The US was the last bastion of separation of power but the packing of the Supreme Court has eroded its independence.
This brings us at last, however reluctantly, to the real problem with the constitutional courts that are the guardians of citizens’ rights and protection against the tyranny of the absolutist rulers. Unfortunately, the world over the justices have chosen to emulate the rulers by fashioning courtrooms into royal courts. They recognise no restraint on their own power forgetting that they have no power to execute their judgements.
Alas, India is no exception. There have been CJIs who have sat as judges in their own cause, escaped impeachment proceedings due to partisan politics and failed to discipline brother judges who have made no secret of their political affiliations or utter disregard for their oath to protect the constitution. One can only dare to talk of those who have retired—they don’t need courtiers as they themselves while in office have not seen anything wrong with acting like courtiers to powerful politicians.
In olden days the court jester—vidushak in ancient India—enjoyed the fool’s pardon that is he was immune from capital punishment. No one could call out “Off with his head!” What is disturbing that there are just too many individuals even among the coterie of gem-like courtiers who willingly play the fool to enjoy this privilege. Some get so used to semi-divine existence holding court during their term in office that they carry on acting with total disregard to propriety and self-restoring sense of responsibility. It’s not only personal reputation that is tarnished when ex-CJI Dipak Misra’s allegedly scissors-n-paste arbitration award is junked by the Singapore Supreme Court. India’s reputation also suffers.
Court jesters and sycophantic courtiers shouldn’t be promoted to positions that demand dignity and integrity. The courts mandated to dispense justice are our last hope. They continue to rise to challenges when all seems lost. The harsh rap on the knuckles of the Tamil Nadu Governor is so reassuring. Majesty of law requires no trappings of royalty.
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