Transparency, in its real essence, is a lead driver to the accountability of any institution in a democratic country. The emergence of the Indian Constitution brought, with itself, a series of fundamental developments, that are required in a democratic country. Three major institutions - Legislature, Executive, and Judiciary - got the mandate from the Constitution as to what will be their structure, composition, powers, and functions. While the three institutions have been conferred with certain powers and functions to perform, Judiciary enjoys, to a great extent, exclusive powers as it can check the validity of actions performed by the legislature and executive and subsequently, declare those actions, if not found in consonance with constitutional provisions, as unconstitutional. Constitutionalism seeks to keep checks and balances on the legislature and the executive because these two institutions are conferred with powers to make the law and implement the law, which could have both positive and negative effects on the citizens of this country. Consistent efforts, though not sufficient, have been made to bring a greater degree of transparency in the legislature and Executive. Because of existing and evolving transparency in the actions of legislature and executive, both have been made accountable for their actions from time to time. But the same cannot be said about the Judiciary. The judiciary, being the custodian of the Indian Constitution, separates itself from the other two organs in terms of power and supervisory mechanism. In that case, the Independence of the Judiciary becomes highly important and crucial so much so it does not get influenced by the other two organs. Independence, undoubtedly, is important yet crucial for any institution. However, should that make an institution immune from transparency and accountability in the garb of maintaining independence? The answer would be negative. The judiciary should be no exception here. In a democratic country, every institution is supposed to be held accountable for its actions notwithstanding what its role and powers are. Non-transparency leads to non-accountability. Therefore, can accountability be imposed upon Judiciary, assuming that there is no transparency in its choices and actions? The answer would again be negative. Courts, at times, are referred to as the temples of justice but does that make judges the gods, who ought not to be questioned or held accountable? Certainly, not. Questions, concerning the lack of transparency in the Judiciary, have always been raised. However, in recent times, it has gained more significance as far as the matter of appointment and transfer of judges, allocation of cases, live-streaming of court proceedings, and political affiliations are concerned. The Law Commission of India, in its fourteenth report on Judicial Administration, observed that “It is obvious that the selection of the Judges constituting a court of such pivotal importance to the progress of the nation must be a responsibility to be exercised with great care.” It further observed that “Such a result can be achieved and maintained only by the exercise of courage, vision, and imagination in the selection of judges made with an eye solely to their efficiency and capacity.” Retd. Justice Ranjan Gogoi, during his tenure as Chief Justice of India, was part of the bench, which gave many remarkable and historic verdicts, and among them, one such was the Central Public Information Officer, Supreme Court of India v. Subhash Chandra Agarwal, which was related to the transparency, accountability, and independence of the judiciary. The judgment serves as a guiding light as far as questions related to judicial transparency are concerned. In Supreme Court, three appeals were filed challenging the 2010 judgment of the Delhi high court in Secretary General, Supreme Court of India v Subhash Chandra Agarwal, which was subsequently affirmed by the Supreme Court in 2019. One important substantial question of law was as to whether the concept of independence of the judiciary requires and demands the prohibition of furnishing the information sought. This question deals with the concept of judicial independence and judicial transparency, and whether the securement of judicial independence could be an exception to the non-maintainability of judicial transparency. The answer, per curiam, was negative. While the court was of the opinion that judicial independence is based on constitutional safeguards and non-interference of legislature and executive, the same is not immune from checks and balances and transparency is important in the functioning of the judiciary in matters of judicial appointments or selection. Non-disclosure of information cannot be one of the means to achieve judicial independence so much so it forms part of the basic structure of the Indian Constitution. The judiciary must understand that it only enjoys such powers as the Constitution of India confers upon it. As it was remarked by the Supreme Court in Raja Ram Pal v. Hon’ble Speaker, Lok Sabha, 2007 that “The Constitution is the suprema lex in this country and is beyond the pale of any controversy. This includes the Supreme Court also which represents the judicial organ.” Every organ has to understand that it is the Constitution that is supreme and sovereign and must adhere to the principles of constitutional morality. It is time for the judiciary to introspect and do away with the mindset of having conferred with unfettered powers and must aim towards bringing transparency and accountability to the institution.
Poonch in Jammu: The Overlooked Front
Peace, war, and conflict are all measured terms. The enemy state across the border is averse to the term 'peace'. Why was the two nation theory propagated and accepted by the then leadership is the thing of the past now. What remains the reality is that Pakistan is a threat to peace in India. It is true that when a part of the nation bleeds, the whole nation bleeds. When the Pakistan sponsored terrorists carried out ghastly and cowardly attack on tourists in Pahalgam on 22nd April, it shook the conscience of the nation. 26 people were killed out of which 25 were Indians and 1 was from Nepal. The fact is that the attack carried out by the terrorists was not indiscriminate. Hindus were targeted and killed. Why? Because they were Hindus. Because they could not recite Kalma. The motive behind this killing was as clear as the daylight. Every Indian was pained, angry, and was looking upto the government that we will avenge the killing of innocent civilians. Indian response was eagerly awaited by every Indian that how are we going to avenge the killing of innocent civilians who were killed by terrorists in Pahalgam. On 7th May, 2025, the Indian Armed Forces carried out 'Operation Sindoor', the objective of which was to hit 9 terrorists infrastructures in Pakistan and Pakistan-occupied Jammu and Kashmir. These terror sites acted as an ideological and training base for planning, preparation, and commission of terror activities in India. After India successfully hit all the 9 terror infrastructures, the Indian Armed Forced maintained the position that only terror infrastructures were targeted and that too, in focused, measured, precise, and calibrated manner. What it basically means is that no collateral damage in the form of civilians deaths were caused. We targeted only and only terror infrastructures. As the result, more than 100 terrorists were eliminated. Since the Pakistani Military backs the terrorists in Pakistan, they decided to respond on their behalf and from the evening of 7th May to 10th May, the Pakistani Military violated ceasefire violations and indulged in indiscriminate firing and artillery shelling across Indian side of Border. As the result, civilians particularly in Pooch district of Jammu region were targeted, injured and killed. The actual number is not yet available as to how many civilians have actually been killed or injured as the result of ceasefire violations from Pakistan side. As the result of repeated ceasefire violations and incessant and indiscriminate firing and artillery shelling from Pakistan side, the worst hit area has been Poonch of Jammu Division. So far the government has not provided any official numbers as to how many civilians have been killed or injured, but from Poonch itself, more than 20 people have reportedly been killed. What is more unfortunate is that the plight of people of Jammu, particularly of Border areas such as Poonch, remains underreported. Media houses have shown indifferent attitude towards the people of poonch and border areas who were worst affected as the result of firing and artillery shelling from Pakistan side. Jist, a media portal, served as an exception when it did ground reporting and put in all the efforts to bring before the world the plight of people of Poonch who were killed or injured, whose houses were destroyed as the result of artillery shelling, and who were forced to flee. Following links can be accessed to know the reality from ground and to what extent people have suffered.1) https://youtu.be/kxQcCE3Zon8?si=xfO8fQqufasgnVS6 2) https://youtu.be/zdoC6qdDD8E?si=Go0M0PFvkCmgOV2S 3) https://youtu.be/0hXJQMjV10g?si=SlnuUl5OeiXOJHrD 4) https://youtu.be/uatFVAryue8?si=Sq6eTjwfG88KlPqX 5) https://youtu.be/twsh3_B3dyU?si=8syLI8eGPWY8uo-rThe team of Jist have done a commendable job. This is something that was expected from Indian Media, in general, but unfortunately, they have failed the nation and the people of Poonch. It raises certain questions. People of Poonch are asking if they will always have to pay the price. People of Poonch are asking are their plight not worthy enough of getting reported by National Media. People of Poonch are asking if Pakistan will ever pay the price for killing the innocent civilians in India. Amidst all this, we, as a nation, and our armed forces maintained the position that our enemy are terrorists and we have hit them. We have no grudge against the people of Pakistan. But what did we get in return? Every time Pakistan tried to attack us, the targets were civilians, public infrastructures, and our airbases. They are clear in their ideational or foundational precepts of attack that leave no one, be it civilians in India. We have always been at war. The pause, in any form, is a call for war. India must end it, once and for all. A country the very existence of which is a threat to stability, normalcy, and peace in India or any part of the world for that matter, should cease to exist. We have hit them hard this time but it's not enough. We must be sympathetic towards people living in border states, particularly the people living in Poonch and the places near to the border. We must feel the pain when one life is lost there. We must be equally anguished when there houses are destroyed. We must make sure that Pakistan pay the heavy price for every lives lost. Pakistan is like a half beaten snake. And it's in our backyard which is very close to our Jammu and Kashmir. Given its inherent nature, it will attack again. We have to make sure next time that civilians lives are not lost. Peace comes at a price and people of poonch must not pay the price for it.
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