Gods, Cartoons and Indian judiciary (1/2)
Published: 7th May 2025
Category:Current Affairs
With great power comes great responsibility
--Spiderman (Voltaire actually; though no one believes it! )
Netflix has become a powerhouse of animated storytelling. I recently watched both seasons of Blood of Zeus and the first of Twilight of the Gods — Greek and Norse mythology respectively, rendered with cinematic flair and maturity. These aren’t just cartoons; they are bold reinterpretations of ancient tales.
A theme which stands out across greek and norse mythology is how deeply flawed the gods are. Zeus cheats, Athena punishes unjustly, Thor is indifferent to collateral damage, and Odin bends fate to favour his sons (textbook nepotism). Laws which they apply to humans do not apply to themselves. Crimes, major or minor are ignored or punished with a tap on the hand and are dealt within themselves.
This portrayal sharply contrasts with Hindu mythology, where even divine incarnations are bound by Karma. Krishna, a 'purna' avatar of Vishnu, is cursed by Gandhari — leading to the destruction of his entire clan along with him. No one, not even a god, is above consequence. Suffering, sacrifice, and accountability are part of the cosmic order. Karma is inevitable.Ironically, while Hindu philosophy insists that even gods must answer to moral law, the Indian judiciary has embraced the Greek model — where power protects its own.
On the night of March 14, 2025, a fire broke out in the storeroom of residence of Justice Varma - sitting judge of Delhi High Court, allegedly caused by a short circuit. At the time of the incident, Justice Varma and his wife were in Madhya Pradesh. Initial reports from the Delhi Police Commissioner suggested that the storeroom was always locked, while Justice Varma later contradicted this, claiming it was accessible to all. Once the fire was extinguished half-burnt currency notes and several gunny bags containing cash were found among the debris. The Delhi Police Commissioner confirmed the discovery of 4-5 such bags. On March 15 evening, Justice Varma and his wife returned from Bhopal. The Registrar of the Delhi High Court, who was instructed to inspect the scene, visited the residence at around 9:10 PM. Surprisingly, no burnt currency was reported as found during his visit.
On March 17, the Delhi HC Chief Justice met with Justice Varma, presenting him with photographs and videos of the fire scene. Justice Varma vehemently denied any wrongdoing, describing the incident as part of a larger conspiracy aimed at framing him. The Delhi HC Chief Justice shared his findings, on 20th March, with CJI Justice Khanna, who proposed transferring Justice Varma to the Allahabad High Court in light of the allegations. The proposal was swiftly agreed upon.
On 21st March, the Delhi HC Chief Justice confirmed to the CJI that access to the storeroom appeared limited to only a few individuals, including family members, staff, and CPWD personnel. Supreme Court ordered suspension of all judicial work assigned to Justice Varma and further ordered the formation of a three-judge panel to investigate the allegations. Key questions for the investigation to Justice Varma were as under:
- How do you account for the presence of cash in the storeroom of your residence?
- Explain the source of the cash found in the said room.
- Who is the person who removed the burnt currency from the room on the morning of March 15?
As of date of this writing no answers have been revealed. There are two more questions which are far more important and conceptual here.
- Why isn't this investigation being handled by any of the premier investigation agencies?
- In case the investigation reveals corruption / abuse of office, what happens to all the cases where verdicts have been given by Justice Verma? Surely justice would have been compromised in some or all of those verdicts?
The answer to the first of the unasked questions is revealing - Collegium.
In India, the Collegium System refers to the mechanism through which judges of the Supreme Court and High Courts in India are appointed and transferred. It comprises the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court. The Collegium recommends names for appointments, which the government can send back for reconsideration once. However, if the Collegium reiterates, the government must accept it.
Collegium is a judicial innovation, not found explicitly in the Constitution, and has evolved through judicial pronouncements.The Collegium system derives its power from 3 judges cases. Its not enshrined in the Constitution.
In First Judges Case (1981) S.P. Gupta v. Union of India, the Supreme Court held that the executive had primacy in judicial appointments and transfers. It emphasized the role of the President (i.e., the central government), with the Chief Justice of India’s (CJI) opinion being non-binding.I
In the Second Judges Case (1993) Supreme Court Advocates-on-Record Association v. Union of India overturned the First Judges Case. The Court ruled that the CJI must have primacy, and appointments must be made in consultation with the Collegium, a body comprising the CJI and the two senior-most judges of the Supreme Court. This marked the origin of the Collegium system.
In the Third Judges Case (1998) a Presidential reference expanded the Collegium to include the CJI and the four senior-most judges of the Supreme Court for appointments to the Supreme Court. For High Court appointments, the Collegium includes the CJI and two senior-most SC judges. Appointments are governed by Articles 124 and 217 of the Constitution, which mention appointments by the President in “consultation” with the judiciary. The Collegium system derives its force from the interpretation of the word “consultation” in the Second and Third Judges cases.
Criticisms include lack of transparency, no formal eligibility criteria, and potential for nepotism. Attempts to reform it, such as the National Judicial Appointments Commission (NJAC), were struck down by the Supreme Court.
Part 2 of this two part article deals with issues on ground with the system and lays down specific instances highlighting shortfalls in the current system.
Power corrupts and absolute power corrupts absolutely..
--Lord Acton