Body integrity dysphoria as body politic disorder causes discomfort with being able bodied. A self appraisal and awareness breaks down the neo colonial assessment of institutions, culture and individuals in it’s so called liberal setup and notions of democracy. Institutional flexibility/rigidity amidst policy extremism and pursued policy/ implemented policy has a palpable policy inertia. The institutional flexibility parameters and equilibrium behavior of political parties and policy makers determine policy inertia. The profanity in democracy had been put under free speech limitations to informal political discourse. Democratic governance to reduce inequality prioritizing social value over profit maximization and collaboration over competition stress would be called for. Indepence could increase innovation with a degree of freedom to explore and develop the business model of democracy.Coexistence in an ecology where restraint is there on present availability of resource, a stability mechanism in non extensive thermodynamics equilibrium to counter finite differences has to be formulated. Energy flow in the ecosystem and the Econophysics where Neuroeconomics of decision making applies a Social Chemistry is to be formulated. In the same resource environment the power transmission channels are cooperative,non cooperative or time division multiple access. Origin of Due Process which is predictable and procedural for consitent and fair treatment by the state, protection of rights against arbitrary action in human laws is in contrast to random process in natural laws. As the process has to deal with ‘what’ and ‘why’ while procedure is the detailed ‘how’ within the process in both human and natural laws. Nature of evidence in human laws is formal, procedural and has to be strictly admissible while in natural laws it is intrinsic and based on natural deduction as anecdotal incident at a a identifiable situation or position and causal.
In natural science,a competitive exclusion phenomenon has lead to ideas about niche differentiation involving the same range and different locations. The level of differentiation needed for coexistence to work varies for type of resources and nature of environment. Shadows of past competition and shadows of present competition in evolving differences in analogy from biological context also takes into into account the nature of plant roots in various species and development of genotypes. These roots rely on oxygen as acceptor, carbon as donor, hydrogen generally an electron donor but can act as acceptor and nitrogen which can act both as donor and acceptor. Electron transport chain and proton gradient analogy version of Econophysics has these notions about origin, speciation and genotypes. Just as using nitrogen from around plant roots they identify plants of other species and develop coexistence. Harmonic oscillators as vibration with a restoring force proportional to displacement from equilibrium in coexistence imply multiple different harmonic oscillation modes or states existing simultaneously in a system. The underlying quantum mechanics superposition and entanglement, coexistence modes allow energy transfer between oscillators as resonance, with non linear couplings also exhibit classical harmonics. Equilibrium and stability become relevant for calmness or tranquility as being peaceful. In contemporary society stability at the social political organizational level became crucial. Developing a business model of Democracy and reinforcing interaction of law and Democracy required a skeletal procedural definition of Democracy with competing funded poltical organizations carrying out the agenda as it was not actually the popular will which ruled.
The political determinants of economic growth drew attention to electoral rules. Majoritarian representation could have plurality and many voices. The dominant mode even in true majoritarian rule with non plurality could have elites involved in decision making without reference to them. Through political parties or even through temporary alliances with negotiations to work together in coalition governments where no political party has absolute majority there is no reference to decision making process. Plurality was not pure as some people or groups had more power and multiple groups and interests had an influence on various forms of representation. Legislative products being demanded and supplied like any other product, it’s cost being in terms of effective political action and its protection flowing to those groups that derive the most value would ignore overall social welfare. A legislative product like SHANTI ( Sustainable Harnessing And Advancement Of Nuclear Energy For Transformation Of India) Act of 2025 replacing strict supplier liability and putting a cap on operator liability while permitting private participation in nuclear energy sector jad to be understood in this perspective as compared to such similar global scenarios.
Pubilc interest would be in identifying market failures and private interest in terms of an edge over the opponent distinction appears having a complimentary relation to each other in a twisted social choice function. The axiality of the function as plane to plane f:ℝ²→ℝ² and spatial organization defining the flow with chirality/ axiality orientation showing a democratic fatigue with uniaxial loading in one direction or biaxial loading in two as growing disillusionment and disengagement of citizens from the Democratic Process characterized by low voter turnout, declining party membership and trust defecit which could be countered with more direct participitatory democratic system in representation versus participation model. Legislative process, legislative intent and history of the legislation in the democratic system is looked into and its temporality in the social space. The interaction between political cycles and economic activity and how election incentives drove government policy, fiscal spending and voter behaviour as elections became big economic events had lead to emergence of electoral economics maximizing local reprentation under a proportionality scheme. The development of an economic and power elite as the governing elite based on exclusion and inclusion of new entrants lead to emergence of oligarchs mostly influential in politics. The power elite in electoral democracy could even manipulate electoral rules to their aadvantage.
In common parlance public administration as a subset describes how in a system of governance which provides why and what in the broader framework of exercising authority involving interaction of government, private sector and civil society. Its structural model focusses on stakeholder engagement and inclusion in decision making. While democracy refers to the source of power, a republic refers to the structure of the government. Establishing popular soverignty notions in terms of economics for accepted popular degree of power economic self governance in a binary of free market/socialism context of economic republicanism is debatable. It is assumed that effective economic governance reduces transaction costs and fosters economic growth when institutions are a set of rules in a framework of a logical system which formalizes the informal( as rules of the game shaping human behavior) that govern human interactions. The formal government structures in which statements of theory hold as institutionalized posits public policy as an institutional output of machinery of government in constitutional framework. The production of ultra products as quotient set as direct product of family of structures. To quote a metaphorical statement about constructing a model by an academic ” if proof theory is about the Sacred, then model theory is about the profane” with its degree of perplexity while humanizing pointing out the division in human experience, where sacred is set apart as extraordinary and forbidden while profane things are mundane, ordinary and routine. Democratic insitutions need a similar sacred and profane. While opportunism would exist in the business model of democracy hinging on immediate and often unforseen circumstances without a long term strategic vision.
Oligarchies tend weaken democracy and often dictatorship appears.Rule by a few is a form of power structure as a debased aristocracy and hereditary social grouping which is often conservative in its views. Dependance on blood relations like in monarchies can exist beside wealth, military hegemony or religion which is a characteristic of oligarchic nature. This type of dominance or leadership as social group or state is hegemonic. A tribal psychology being a result of inter group rivalry, there is subjective commitment to the group. Despite over conceptualization and complexities of cultural nuances Social Chemistry is considered. Motivated reasoning based on social identity policy preferences vary. It has a negative effect fueled by competition and perception of common threat. Elites apparently have a psychological superposition over tribal instincts in cohesion yet such groupings internally are divisive and have internal dynamism.Elitism being traced to antiquity in human society and its evolution has been studied in wide contexts even to the extent of genomics. A common perception about those not part of elitist groups and entanglement to externalities explains there style of reasoning and manipulations. These instincts need to be suppressed with logic. The efficiency argument is misplaced in terms of control, power and organization. Unorthodox explanations with motivated bias, the production of conspiracy belief in popular perception particularly when criticising the elite in the context of economics of inequality is based on distrust. Rebuttal with facts and evidence by the elite is hardly resorted to. Indian judiciary trapped in dual identity schizophrenia to be an exception to these broad sociological concepts has to show an inclusive and transparent functioning free from economic pressures and controls by businesses/groups can be developed. Control of information and communication, unscrupulous manipulation, secretiveness comprise amongst factions point to a complex reality. Conspiracy theories abound due to lack of public discourse and secretive scheming by powerful individuals. The scholl textbook NCERT row which erupted in February 2026 over inclusion of a Chapter on Corruption on Judiciary which drew the comment of Chief Justice Of India .Mr. Justice Surya Kant ( 27 February 2026 Hindustan Times) that a well orchestrated cospiracy to defame the judiciary was there and Mr. Narendra Modi also expressing displeasure over the inclusion of the chapter is a recent example. Social status associated with dominant laugh, the submissive laughs are in contrast with the jeering laughter depending on the context. Loss of sense of humor was a serious loss.
Human laws vary from culture to culture and lack the universality of laws of nature. Legislative productivity in terms of quantity by the legislature and the legislative product in it’s qualitative aspect of addressing issues effectively is a major topic. The economic value of legislative product is in the efficient allocation of resources, market efficiency, non discrimination and access to finance, facilitating transactions amidst security of expectations and others. There is a time vector and measurable distance metric attached to them to maintain stability. Legal psychology examines both the effect people have on law as well as effect of law on the people. In a blending of econophysics and neuroeconomics using decoherence ( loss of superposition snd entanglement of brain waves as loss of coherence on interaction with the environment decoherence is the process by which the reduced density matrix of physical system of interest moves towards incoherent form where the density matrix has vanishing off diagonal elements, hence, decoherence has to be within a boundary for conditional bounded rationality theorem) for decision making. Conservation of probabilities with a unitarity operator so that total probability of say finding a particle somewhere in space does not change even though it’s position or properties changes same, probability density, if probability of finding it in one place decreases finding it in another region increases in a transition into a state where it is more likely to be found. In the process of decoherence it may appear to be violated locally due to distribution into different branches or states although the total probability across all branches including the environment remain conserved. In superposition of multiple states simultaneously there are interference patterns which vanish when superposition is lost in decoherence. Preferred observables where arbitrary random transformation such that diagonal elements of density matrix associated with preferred observable decoherence basis remain constant, off diagonal elements decrease in magnitude.The state of the system gains information about the preferred observable from its environment as uncertainty of the observable is reduced as pure state ψ₀ to ψᵥ for preferred basis πᵢ for i row and j column of probability density matrix representing vector length as aᵢ+ bⱼ in row vectors in two or more dimensions. Decision matrix with rows typically representing options being considered and columns representing the evaluation criteria in multiple options available are a useful tool. Probability flow in magnetic fields tesselation as periodic array ( repeating patterns) of magnetic gradients in flow systems of physics of informed neural networks are related to preferred observable with intricate geometric arrangements or domain patterns. This is already being used in AI and brain imaging to identify regions of high activity based on clustering around the nucleus and action potential as well rest potential involved in neuron firing rate. There is a rapid change of voltage and depolarization. Neuroeconomics has to identify the brain regions as amygdala processes emotions and rewards,anterior insula when assessing rewards and processing uncertainty, medial orbitofrontal cortex with reward assessment and risk taking, the volume of grey matter on cerebellum is important in processing while dopamine networks are activated and dopamine levels determine expectations shaping perception and experience. Judging under uncertainty, risk and expectations requires a level of tolerance to uncertainty.
The beta brain waves associated in awakened state, conscious thought, active attention and logical thinking is also linked to higher anxiety with attention directed externally. Subconscious psychological processes of biases as in alpha closure of alpha brain waves and passive internal attention is required for conditional ( depending on the quantum state of the object of attention)bounded rationality. Opening the beta loop and in falling time like a family of null sets presented on a smoothened curve is a remote risk free rate. The gamma shock wave in the brain for coherent cognitive tasks are often generated by hard reality. Psychological principles in its legal applications and context brings clinical psychology about mental illness etc. as well as forensic psychology of offender profile. Judgemental psychology is triggered by self esteem and fear of unfamiliar and unknown making an individual opinionated. Weighing options involves different regions of the brain like prefrontal cortex for processes like planning and reasoning, limbic system in how options are perceived, anterior cingulate cortex in weighing potential costs and benefits of different options, striatum for valuing different choices. Constant evaluation and combination of likelihood of different outcomes with incoming information from environment as evidence with prior beliefs and expectations influencing how new information is interpreted.
The adjudicatory products on legislative competence and legislative procedures apart, those individuals who approach the legacy institutions against executive excesses, disproportionate distribution of largesses of the state, rights enforcement have their own experience about the interaction and quality of product. The economic value of adjudicatory products in terms of increasing market efficiency, market stability, investor and stakeholders confidence,ensuring fair competition, ensuring fair allocation of resources, protection of property rights required transparency and accountability. The Business Model Of Democracy and Democratic Process as envisged does require a tolerance to uncertainity and ambiguity.
Electoral Economics of Eurozone shows voter behavior driven by economic discontent in 2024 European Parliament Elections with 41% concern about general economic conditions and 42% on rising inflation and cost of living crisis. Populism challenging political agenda and influencing economic policy and voters holding incumbents accountable for economic performance was visible. The Electoral Economics in USA showed similar trends with impact on market sectors, trade policy and taxes. The 2024 election cycle showed a significant divide between positive macro level indicators ( low employment)and negative public sentiment around high living costs in what was called sociotropic voting. Public perception of economic situation was negative. Institional Flexibility to remove clinging on to some delusional past glory and consequentialst arguments in adjudicatory products became a major cause of dissatisfaction. Error costs and deterrence treating litigation as a financial decision in the model needs reconsideting human rights economics. Expected values and potential recovery of litigation costs are more like a capital investment decision when state is the biggest litigant. Resistance to adoption of new value adding process as status quoism and value destruction due to lack of trust as well as value appropriation by the institution without engaging stakeholders are some of the challenges.The problem would be quality of judges and judgements when the court system is designed to promote creation of value and deter value destruction in the overall democratic process. To desist from criticizing failings of the system for the sake of a facade would be wrong.Judiciary Independent of political and executive pressure had been argued many times over again. Conflict with the Executive as in USA under Mr. Donald Trump’s Presidency was out in the public.Two incidents in Februsry 2026 of firing of public prosecutors appointed by Judges by the Trump Administration and attempted prosection of New York Attorney General Letita James and former FBI Director James Comey( BBC 21 February 2026) were examples. Trump had lashed out in very personal terms at Supreme Court Judges on the Tariff ruling of February 2026 which was a major setback in hos second term. The Indian scenario was not of a conflict but Judicial overreach and stepping beyond boundaries. Pseudo intellectualism in legacy institutions like the judiciary was a big problem.
Even if criticism of the Indian Judiciary was to be considered armchair intellectualism prone to theorization without practical application, the passionate enthusiasm blunted the negative connotations. An independent judiciary as custodian of the constitution capable of striking down laws that violate the basic structure of democracy argument has often been raised foar too often to justify many actions of judicial overreach. Raising questions about the declining credibility with Supreme Court of India being cited lesser and lesser by apex courts of other countries after the global reputation being dubbed “trusted public insitution in India” in 2000 by New York University justified a question mark being placed. Over reliance on precedents US and UK could have made them unsuitable in other jurisdictions. The changed legal landscape since the striking view in United States Versus Bhagat Singh Thind (1923) 261 US 204), an Indian Sikh was not eligible for naturalization as only free white persons and aliens of African descent were allowed( he eventually married a white woman and got citizenship), this approach changed only after 1946 when President Harry S Truman extended racial elugibility, this did open up a case for comparison in terms racial discrimination context and being treated as equals contributing to jurisprudence internationally also. Indian Judiciary had to understand the benefits of rejecting colonial mindset and consider iself at par. Mimicry of British Paegentry in the Indian Judiciary was a superficial copy with accented English and mannerism which did not ridicule the British Raj but turned the Indian Judiciary ridiculous as it was not intentional emulation for the purpose of learning for development. The fascination of international oligarchs with British nobility and acquiring London property for integration into high society was driven by a desire for legitimacy, prestige and security .The Supreme Court of India had been criticized for being held hostage by oligarchs with traditional British aristocratic life and was accused of adopting double standards policy in evaluating someone or incident far too often. It was as if it had become an instrument of oppression itself in a situation of being a defence/ bulwark against an oppressive state. The state patronage to these oligarchs who were given the duty to act against state repression to other citizens was out of synchronicity with the Business Model of Democracy. Designed by the state to manufacture an intellectual and moral leadesrship, the state patronage of the oligarchs was a compromise. Mimicry with an adopted language and culture would end up in self loathing as it clashed with indigenous views on self identity. The Lok Sabha Speaker Somnath Chatterjee had cautioned that efforts by the judiciary taking upon itself the onerous responsibility of the governance of the country as a patriarch would have serious implications. Excessive judicial activism was posing a threat to parliamentary democracy. ( 30 January 2008,UNI). He warned the judiciary not to become super legislature (The Times Of India 20 February 2008). Had the Indian Judiciary misapproriated all the powers to itself and positioned itself above democratic institutions in a sort of autocracy was a serious question in fantasies of power. As structured psychoanalysis had been debunked as being speculative with over reliance on libidinal nature of modern socio political economics it required a rethinking whether in the Indian system there was a fantasy of power.
Law digests with Headings of Articles of the Constitution or Sections of statutes with an ever increasing volume of cases decided which involved or referred to them are staple source.The importance of cases have started depending on the amount of money involved in a case or number of disputes around some interpretation in the number cases rather than questions of law involved. Judgments were more consequentialist over time. Flawed design of office of the Chief Justice Of India and it’s consequent misuse by individual Chief Justices particularly as head of the collegium and master of roster is too common. Some even brought their intellectual pretences and philosophical insights while exercising their power with wisdom which contradicted the notion of the Chief Justice being a repository of constitutional trust.
In the present situation,the end result as a cunning Harvard Architecture, introduced by the Chief Justice Mr. Justice D Y Chandrachud, which is about having two seperate memories implying two sets of values.( just as one is meant for program code and the other for data in AI by the same name). Even though questions arise about cyberspace and digital rights in Harvard Architecture of the internet, in the larger context the term is used here, where delusion of grandeur continue with double set of memories and split psyche. Introducing internet and YouTube broadcast of select proceedings would in no way introduce transparency to what went on Court proceedings and behind it. In a first, Mr. Justice D Y Chandrachud was holding film shows of a commercial Bollywood film from film industry for other collective viewing by Judges and employees of the Registry( Times Of India, 9 August 2024). Much noise was created through various locations online portals on legal issue in which one claiming to be Jurimetric analysis rattled out data in number of decisions handed out by Benches of Supreme and their constitution from single, double,triple,five judge etc since the establishment of Supreme Court and the volumetric contribution of successive Chief Justices and the length of tenure. Lots of noise was created about Mr. D Y Chandrachud having made the largest volumetric contribution to it’s jurisprudence in ambiguity( one recent examples is Jeet Bhatia in Live Law 4 July 2025). Introducing Jurimetrics without metric space and uniformity of distances between law points introducing an Jurisprudence in Ambiguity with intensive copying of American legal formulations.
Many found Mr. Justice D Y Chandrachud’s book published by Vintage Books of Penguin Random House in 2025 ” Why the Consitution Matters” as exquisite, clarity with rythm and lucidity about constitutional morality, but someone while extolling virtues of the book inadvertently mentioned a layered conversation in the book of what happened( facts/ assumption, feelings ( underlying emotions) and identity (how the situation impacts) without nuances of levels of communication as about aspirations and presence. Clarity of the premise and guiding a narrative while leaving the background information being hidden was deceptive, the ‘what if ‘question to interrogate the plot and any attempt to describe a social compass in turbulent times, ambiguities and multiple interpretations remain. Constitution as a foundational framework becomes rules of the game and a governing document for what is not discussed constitutional economics and the economic value of rights. This so called exquisite book inexplicably ignored economic values and ‘ what if’ interrogation instead took a moralizing tone. Apparently language takes precedence overpowering the need to have the insider view. Such layering becomes open to several interpretations supposedly increasing reader engagement. Constitutional morality in absence of an explicit definition was often vague and subjective as it was and often utilized in judicial overreach allowing judges to impose their personal subjective interpretations as being constitutional. Preaching constitutional morality without elaborating the degree of perplexity in a jurisprudence of ambiguity was its virtuousity in pushing some particularly ideology and agenda without disclosing it. This undefined constitutional morality had been misued far too often with onconsistrncy in pushing particular ideologies and agendas in the elitist decision making setup. Mentioning his son Abhinav Chandrachud’s historic work Supreme Whispers ( Penguin Harper publications) containing rumours in Supreme Court corridors when he was not even born casts doubts on big publishing houses like Penguin publications. Any criticism of the proclaimed Magnum Opus could come only from a deeply frustrated person. Whether any marketing strategy and preferential placements had been able to make the book with its unverifiable features about judicial rivalry and trajectory of dissenting opinions in judicial pronouncements, some sort of politics of law and surface engagement in explaining the shrinking space of dissent, obtain a place it in a coveted bestseller list is not clear. In any case the criticism of works of the father does not justify criticism the works of the son unless influence peddling was a part in its publishing prospect. Jurimetrics was a term mostly used in the jury composition where number of times a person functioned as jury and how many times he has taken a particular view. The neo colonial mindset of publishing by Penguin or Elsevier could have had a clearer demonstration. There was a shift in priorities where editors shifted from refining content and editing to deciding what was to be published they became a gatekeeper or agenda setter instead of developmental partner.
Dressing up as a British nobel and a Barrister with a burden of carrying a British Legacy he did not know what is London Mathematical Society and whether it exists. The pomp and splendour of the British Raj Darbar was being carried forward with it is courtiers and courtesans and with wealthy upper class clients it appeared fascinating.Continued mimicry by adopting the ideologies of foreign colonizers in the systemic legacy created an illusion of functional efficiency with English language becoming some sort of status symbol in the colonial mindset. This was legacy in search of relevance with a touch of deception. A strategy of appearing legitimate through superficial adaptation of standards, particularly in the air of intellectual superiority due to curated admission and legitimation with a Dcotorate given by one University called Harvard which itself was involved in a reputational game to maintain its questionable status as an elite, global institution to attract endowments and exert influence, it was a sham.The perceived elevated status, instant recognition, access to exclusive experiences and privilege, the hidden attraction to historical pageantry with its percieved glamour in the symbolism of Indian Judiciary was more than just a mimicry making it a functional social tool . Clinging on to insecure attachments the question arising in the brain that one could be wrong resulted in a tendency towards justification. Nothing much could be said about Harvard Architecture except to raise the Academic Colonization criticism.The psychic transformation as well as splitting with shifts in motivation/ emotions which occured when leaving home culture to learn in a foreign environment lead to re’evaluation of identity and went beyond financial factors. Language acquisition and detaching from home culture often caused anxiety of being accepted as part of the foreign culture in the context of education. A narcissistic identification and individuation in the imaginary space of identification amounted to double deception. There was a lure of foreign degrees and being treated as superior than those educated in the home country which veiled the truth. The Ivy League Poison of a presumed role of future Leadership and existing social pressure lead to a pride in being cunning and adoption of a personality facade to navigate social expectations. The fantasy of west as a desirable place of luxury, wealth and happiness in the split psyche and traumatic reality of border transgression and the feeling of exclusivity due to some sort of acceptance in European or American culture and their legitimatization of the assumed intellectual superiority which on return to home country translates to a social status and prestige was all too evident. The colonial mindeset was ill suited in Indian setup. Travelling to the West stopped being a physical travel for them but was a transformation of the self in confrontation of an unattainable ideal.
Sense of grandeur and relationship with fellow elites mattered most in elitist mentality and bias. Acqueiscence to this mentality and compliance had weakened the sense of self and effected appointments at all levels and even as Attorney General and Solicitor Generals. Some notable examples were like that of Late Mr Soli Sorabjee who was considered one of the greatest jurist born in Indian history as one who had the mannerism, habitually wore a golf cap in Indian court corridors, had appropriate British acceptance and had also occupied the post of Attorney General which was claimed to be based on pure merit. Humanitarian gestures like helping getting scholarships for internship with Barristers in UK had supposedly brought immense benefits to Jurist Culture of India. The shared values, attitudes and opinions of this jurist culture was as of international lawyering with global influence in curated media whuch was at loggerheads with the local Indian legal culture which struggled to do away with overt dominance of these branded international jusists. His monumental contribution to the international jurist culture was said to be visible in publishing Halsbury Laws of India as the last word on Indian Jurisprudence which had been authenticated by the British. Dominance of English and ever so high standards of western based authors or those authenticated by western academics and justists were placed at the top of the Value Chain. The reputation and financial profits of scholarly publishing had to return to the west. Knowledge produced in the west or Global North was to be considered global and those from the Global South had to serve the purpose of local case studies for western theorizations. The perpetuation of intellectual inequality was through a vast network and a neo colonial science had emerged. Large Western publishing houses had taken control of the Academic infrastructure, the profit driven model was in branding by the publishers repute making publishing and access to knowledge difficult for those in global south. The role of prestige and legitimation through acceptability in western scholarly traditions and standards had created a high profit oligopolistic setup dominated by Elsevier, Penguin etc. whose branded publishing of claimed intellectually superior works were not to be subjected to scrutiny. Despite the attempt by Halsbury in the neocolonial political economy true to the Commonwealth tradition of scholarly publishing, it could still be called out for its conservative and rigid formalistic interpretation which was far removed from the evolving legal landscape and in the process made it irrelevant even as secondary source.Difference between landscape of influence situations and interpersonal influence situations in India, most of them travelling to New York, London and Hongkong were presumed to effect the views of the western intligentia or others and were part of some global elite.Evidence that not 9nly direct contact but also indirect contact which do not require people to interact directly or touched are effective in reducing prejudices towards different groups. In embodied cognition the communicative interactions could not be limited to attending cofrences abroad or memberships of organizations situated there only. It would not be fair to underrate the social networking by these global elite claimants.
Another such person Mr. K. K. Venugopal was touted as the finest legal mind in India by media curators. Being author of ” An Accidental Lawyer 2025 Rupa) about his personal experiences and ethical relections needed to be commented upon. His criticism of constitutional morality lacked the depth about contextually and the assumptions which were to be accepted as true within a specific model. As axioms ( universal truths in the midel) and premises( specific to the problem) and testing the validity in terms of domain validity, validity in terms of how conclusion impacts and valudation by consistency was not clearly laid. Inanility to communicate the perplexity and necessary self reflective state which forces reasseasment of ethics is absent in their criticism of constitutional morality. Whether he was attempting writing a book along with one Menaka Guruswamy on Consituionalism as declared in Committe for Senior Designation in 2019 was not clear (as this person had a book on constitutionalism coauthored and published in 2019 and was probably a lecturer at Yale and Columbia Umiversities, USA if some source like Wikipedia is accepted) could possibly argue against judicial overeach prioritizing elite driven legalism of popular evolving needs.
Acting abilities in a Theater of the Absurd required judges as actors in the explanations of neuroeconomics to shift from self processing in the prefrontal cortex to accessing stored information and emotional memories in amygdala and hippocampus of the brain and consciously suppress self identity. This created a dissociative states, detaching from reality and absorption in a world where they are addressed as Lordship. To fully inhabit the role and suppress self identity as an actor, the overpowering tool of state sanctioned power meant to dispense justice was confronted with the urge for material wealth gain and extending privilege to family and brood. Along with all this was the menace of Retired Judges lobbying for kith and kin and assuring people of their lobbying abilities. Some of the High Court Judges who resigned were donning Senior Designated Gowns and apparently involved in activities which does not befit them while handling cases which have absolutely no legal issues involved. Mind boggling earnings as professional fees were paid to them by clients for what purpose is not known. Their exeptional ability to remember dates, facts, page number and paragraph numbers of voluminous works is certainly great. With due deference and indulgence by the judges a confidence in their vocalization and swagger in their walks they were treated as elite. The London Laudromat perspective for these so called international elite securing property rights in London in a process of legitimization of wealth and seeking status transformation from noveau riche to established elite and seeking integration into high society with participation in high profile social events in a neo colonial setup was worthy of contempt. Their threats with public comments in media on various issues inside the country had it’s own pitfalls.While in 2008 at Patna High Court one needed at 22 out of 32 Judges to support the name for Senior Designation during tenure Mr. Justice Chandramauli Prasad in 2008 even one judge taking name was sufficient to get these Senior Designation in a changed scenario. How would the system compensate those who were sidelined or marginalized for caste reasons, urgency of handing out privileges to their or brother judges kith and kin before others or those with inability to gauge whether those at helm still carried a grudge against them or their family background or even personal dislikes and transient whims of judges. These designations eluded many despite their capabilities and performance leaving them with intense regret.As a perpetrator of social undermining of achievements through skill and courage of others by golf cap and Golf Club elitism to satisfy a desire to maintain competitive status through mimicry arose from the insecurity generated by incapability to match the achievements and were misguided due to the colonial mindset of somehow being accepted by the British. There was an identity crisis which made such people a foreigner at both places.Feigned ignorance of a situation or feigning not knowing and person so that such a privilege should not go to them was as a manipulative tactics designed to avoid accountability and a weaponized incompetence. Suo motto senior designations were clearly a stamp of irrepressible extraordinary capabilities and rare presence others could apply so that a sense of fairness remained. Curiously the so called rules for designation were altered about six times from 2019-2026.
Signalling social proximity to judges through such Designations had a propinquity effect with behavioural control. Perceptual grouping and more attention and cognitive resources making them a crucial factor in social interactions and environmental perception. The ordinary citizen recieved the hidden message of procuring a favourable hearing. On the negative side it was used as a method for removing others from gainining wealth and prestige by ignoring them in their designations.Post retirement role of Mr. D Y Chandrachud ended up as making inroads into much sought after international arbitration and offering/ altering legal opinion to companies like Vedanta about which he promptly informs and some online portals like Bar and Bench and Live Law. The already low global confidence in International Arbitration in India and thevdistrust of Indian Arbitrarators had hit a new low. International Arbitration in India was termed a scandal due to extreme delays, heavy costs and hefty Arbitration Fees, some of the arbitrators were controversy ridden ex judges and above all there was ad- hocism, making Singapore the first choice and India had never recognized existence in law of the so called Court of Arbitration His rather dubious behavior in retaining the official Chief Justice of India residence way into July 2025 when the Supreme Court of India registry had to write to the Union Ministry to get it vacated( bungalow no 5 Krishna Menon Marg, in Lutyens Delhi from his possession( 6 June 2025 Hindustan Times) deeply hurting the sentiments and attachment to British style bungalows, the attitudinal shift was evident. His ostensibly large heart pumping hard for two adopted daughters with special medical needs make him more unreal as it sounds too good. It is necessary to remove the impression that there is a possibility of investing in human misery for personal gains and seeking relaxation of rules despite heart warming photographs of show of affection. It was for him to decide who shall do International Arbitration as he was already declared World Leader by Harvard University Alumni Association. The situation was too pretentious. The Supreme Court of India 2023 Handbook on Combating Gender Stereotypes under the initiative of Mr. Justice Chandrachud was deemed too be Harvard Oriented and overtechnical and set aside by a bench of Chief Justice Mr Justice Surya Kant(11 February 2026 Moneycontrol.com). In any case Mr. Justice Chandrachud’s son had been accorded the status of super lawyer to which online portals like LiveLaw and Bar and Bench which either willingly or were forced to comply while his appearances in Supreme Court were limited to mentioning and getting early dates of Hearing and Listing as per his wishes. Judges actually complied keeping in view his extensive connections. Publishers like Penguin which had a market dominance as global publisher. With visionary editors preferring homogenized literature, publishing books on unverified rumours from Supreme Court Collegium and political corridors and Supreme Court Corridors as work on jurisprudence was the biggest intellectual endeavour in recent times. The only element of truth was in the title as many careers were made and destroyed through whisper campaigns carried out in the corridors. For others who picked up the courage to write books or articles and sought acceptability were shrugged off with it not being viral in India or even worse were expected to win a Eurocentric Nobel Prize to even be worth a glance by these elite. After all the greatest Prime Minister India ever had or will have, Sri Narendra Damodardas Modi, had to attend Ganesh Chaturthi at his bunglow when summoned while he was still in office in October 2024. The attitude of entitlement on this Ex Chief Justice of India continued with SC Registrar writing in July 2025 to Transport Commissioner for allotment of specific VIP number with specially designed number plate for new Mercedes Benz Car ??? and report progress in the matter( 30 July 2025 LiveLaw).With specially curated list and people from amongst trustworthy elite of kith and kins of judges and others was infamous. The sense of entitlement in an upstart-ish psychology could go to extremes with undeserving claims and privilege with arrogance.
The culture of uncontrolled and parasitic behavior of sycophancy surrounding Mr. Justice D Y Chandrachud’s tenure was a carry over from an earlier period was too British. It lacked the conviction of even a politician. This retired Chief Justice of India would stay in controversy about his post retirement comments on Ayodhya Ram Janmabhoomi Case. How did Ram matter in the Indian situation as a symbol of unity bridging faith and national identity for a righteous society? .Portrayed as a model of duty and ethical leadership, the revival amidst democratic fatigue had been a tool of mass mobilization. The Ram Janmabhoomi Movement ( Birthplace of Ram Movement) became one of the important tool of political mobilization which reshaped the electoral landscape. L K Advani’s 10,000 Km Rath Yatra ( Ram chariot journey)of 1990 which became a landmark event. In any case disbelieving the existence of Rama was disbelieving all the literature, historical places and their accounts mentioned in them as well as Ram Setu. Even myths may have some roots in historical events, places and figures which were magnified by tradition and imagination. If not based on historical facts they represent existential truths with archetypes as universal expereience. The Epic contains some insights about the time warp and vast discrepancies in dating the epic in Sundar Kand( Ramayana of Valmiki) with Ogress Trijata having a dream of Rama, scion of Raghu mounted on a four tasked ( elephant) Mastodons Gomphotheriidae similar to Airavat ( Indra’s elephant) and Hanuman when captured and brought before Ravana found himself surrounded by such creatures. The time travel and vast repeating Yuga cycles aspect in Kakbushundi ( Chiranjivi in Ramcharitmanas of Tulsidas), a devotee of Rama who watched the Ramayana unfolding 11 times and Mahabharat 15 times. Millions of Hindus believed Rama was born at Ayodhya. The demolition of Babri Masjid( a mosque built by a Muslim Conqueror from what us now Uzbekistan) who established a ruling dynasty and was said to be built on a site after demolishing an existing Ram Temple there) took place on 6 December 1992 provoking communal riots in India and its neighbouring countries. The 9 November 2019 verdict in Ram Janmabhoomi Case by a Bench headed by CJI Mr. Justice Ranjan Gogoi could be criticized for use of idea of preponderance of probabilities above strict evidence based adjudication of property disputes. Possesion versus title issue was settled with the finding that Muslims failed to establish exclusive ownership as Hindus had continued worship in the outer courtyard. Rejection of adverse possession, based on the 2003 report of Archaelogical Survey of India that the structure below the Babri Masjid was of non Islamic origin. Consolidated ownership of 2.77 acres of land was awarded to the deity Ram Lalla recognizing Ram Lalla as a juristic person and replaced the three way partition approach directed by the High Court. Direction was issued to government to allot 5 acres of alternative land to the Sunni Waqf Board for a mosque. It was more of a balm on percieved historical wounds to the psyche of predominantly Hindu Population of India while calling destruction of the Babri Masjid to be a violation of rule of law. Coincidentally the sexual harassment controversy against Gogoi and allegations against his son in law subsided and he wasade Rajya Sabha Member in 2020 post retirement and one of the Senior. Advocate Mr. P. S Narsimha arguing in the matter was elevated as Judge Supreme Court of India in 2021 directly from the Bar.
The emergence of the new untouchables as a cohesive group in a socio political structure proposing job reservations on basis of caste and removal of untouchability, caste identity was reinforced for taking advantage of reservations in appointment, promotions and for their future generations. Untouchability was now a perpetrator of itself. The judiciary in the name of independence of judiciary had gone beyond the control of parliament and in judicial overreach now judges appointed each other, determine their own salaries,pensions and post retirement benefits and entitlements, bunglow allotments, appointment of Director of CBI, Chief Election Commissioners, decide constitutionality of laws, effectively decide seniority, promotions on government posts, give directions on environment and pollution, create tribunals for ex judges to head, they weamre arbiters of human rights, decided taxation policies and economic policies and gave directions to their appointing authority President of India. The list keept growing. A new caste war was developing with kith and kin of judges from the so called lower castes exerting and the new incumbent Mr. Justice Gavai was said to be fighting for them by irresponsible critics. It may or may not have been the correct view. But the fact of a caste war in the judiciary was clear when on a complaint sent to Chief Justice of India by an advocate Vanchinathan, he was asked by Mr. Justice G R Swaminathan( who had been accused of caste bias) to explain his conduct in lodging a complaint against him and notice issued on him about this when he was appearing before him in another case( The Hindu 29 July 2025). Over two thousand lawyers backed a requisition that inbreeding and institutional favouritism be put an end to, a five year policy of transfer of high court judged, vacancies being filled up and that the process should begin six months prior to vacancy and should not be delayed to wait for some judges son or kin to become eligible which is the most common practice. ( 10 August 2025 The Tribune).
The inbreeding elitism with quaint British institutionalization had a challenge which was developing from within. Islamic jihadist notions wanting establishment of Sharia law and Sharia Courts with street mobs growing. India had reached a critical point in its search for identity. Not that the strain on the judicial system was not being felt in USA or UK. In USA Judicial Shadow Dockets were being used for urgent and opaque rulings undermining lower courts particularly in immigration cases. A rapid decline was noticed in confidence in the judicial system as politicization of the Federal Judiciary continued and it was perceived to have become partisan. A Gallup Poll showed steepest decline in confidence in the judiciary amidst growing ethical issues. Impact on the Court functioning in October 2025 Federal shutdown was noticeable. As a matter of fact the Federal Shutdown from 1 October 2025 to 12 November 2025 was the longest shutdown was longest in American history.
Even though more than necessary attention was given to Mr. Justice Dr. D Y Chandrachud but he appeared to be the example of pseudo intellectualism and dependency on foreign degrees and Indoctrinated Doctorates, Mr Justice Chandrachud had some sort of vision and even honoured Supreme Court Cook’s daughter who won a scholarship to USA’s Stanford University.( The Indian Express 14 March 2024) but is equally dismissive in his approach when anyone showed him work as internationally acknowledged if not rerouted to him through command routes of Harvard Architecture. Judges of Supreme Court regularly academic authentication and legitimization post retirement and sought posts of Professor Emeritus at private Unuversities and National Law Schools as visitors, chancellors, and guest lecturers. Lecturing law students at National Law University Delhi Mr. Justice D Y Chandrachud showed a deep interest in mixing up a Judge to be a Jurist as some sort of legal expert applying it to real world cases but underplaying using institutional control by the judges on these insitutions. Similarly Justice B V Nagarathna was lisited as a visitor at National Law University at Delhi.Judiciary had all the traits of a Deep State. Foreign elite rhetoric and globalized elite effect attitudes and individuals previous identity. The system of honour, distinction were very arbitrary and opened up a new trend. Overnight appointment as Judges of Supreme Court even before Collegium decision become known even a weeks delay led Mr. Gopal Subramanyam to hurriedly withdraw his nomination for Supreme Court and if talks in corridors are to be believed fearing public revelation of unsavoury. Something similar to psychological torture imposed through elitism by psychological maiming and destroying self image of others, imposing a state of learned helplessness amongst those not socially connected as desired and treating them as outsider, monopolising their perception in discriminatory methods of weighted selection and dispensation of honours and privileges was noticeable.
Manipulating ethnicity in context of functional and economic mobility in multinational corporates is vastly different. In the Indian scenario the reverse cultural shock of adopting a foreign culture then becoming foreign returned could be stressful. Evidence of psychosis in sloganeering allegiance to the Constitution of India with all sort of claimed expertise in their respective field was everyday YouTube material for the mindset.Well practised shrugging of shoulders and gesticulation before a mirror along with speaking with a foreign accent( American accent was considered most valuable) and there could foreign accent syndrome to modulate emotions in case of dilemma. Use of foreign language modified decisions while increasing cognitive load but modulates emotions and social categorization of speaker over ex – colonial groups. These were similar preparatory exercises to address the World Economic Forum at Davos where for once a year the elite feel important.there are some monetary implications and charged to be paid for TV broadcast at World Economic Forum meet. Allegations fly from one side to another in a struggle for control over court proceedings and each side is a motley collection of world leaders. The struggle had reached the car parking space in the Supreme Court of India campus. This was in contrast to when world leaders shook hands and nations fought. The organizational psychology and workplace behaviour, social norms, management and expectations from the institution would require a design to maximize performance and minimize injury which in turn required assessment techniques for occupational and organizational purpose, motivation and leadership. The problem was not just neo colonial institutions carrying colonial legacy but the kind of people who surreptitiously took control of these institutions. Inflated ego’s and sense of entitlement were their hallmark. Art of sycophancy and imitation of tastes and opinions needed to be mastered in getting ahead in the Indian environment.
Most people were dismissive about any comparison or criticism of the court as being politically motivated and self serving in a peculiar mode of thinking. The Bar Council of India and Supreme Court Bar Association election’s having turned into a coveted position for charging higher fees in cases and increased proximity to Judges, the possibility of turning them in some sort of touts could not be ruled out. Some of these persons also used to manage political positions in Parliamentary nominations and State Government Panels which may or may not be something with ulterior motives. Under the present Narendra Modi Government of BJP it had peaked. One of top law officers went on to purchase a bungalow in Lutyen’s Delhi after unceremonious being removed and many such lawyers purchased properties in Sundar Nagar which were real estates where top industrialists could not could not afford to make a purchase and curiously their professional fees includes clerkage of clerks as 10℅ for few 5-10 minutes of work in court which other lawyers get for entire case spread over hours days. These lawyers got utmost respect from the Bench.
What motivated about 600 lawyers to write a letter to Chief Justice of India on 28 March 2024 that Courts were facing politically motivated criticism was not clear. A vested interest group whose motto “My way is the highway” as per the letter,creating target issues by first creating an opinion around it amongst people then bench fixing, wanting orders and hearings in a particular manner otherwise face public criticism, was an open threat. This letter stated that this group did create false narratives of a supposed better past contrasting it with the present. without taking any names.The allusion to Mr. Kapil Sibbal while appearing for K Kavitha, telling a three Judges bench presided by Mr. Justice Sanjiv Khanna that when history of the court is written this will not be a golden period ( The Indian Express 24 March 2024). Mr. Sibbal , who still had an active political career and had been a minister in Union Government had himself been attempting hard to become a character who is mentioned in history. The letter by the lawyers urged the Court not to remain silent. A media hype was created around the letter prominently displaying Mr. Harish Salve, stated to be international lawyer, and Mr. Manan Kumar Mishra( blessed with a Rajya Sabha seat) , Chairman Bar Council of India for the past decade,also being a signatory along with others. All this happened in the backdrop of happenings around an international political leader Mr, Arvind Kejriwal, CM of Delhi. His arrest had lead to some sort of response from USA, Germany and protests in Canada. Even the PM Narendra Modi had a reaction to it and laid the blame on the opposition Congress political party and that it was the Congress party which had sought a committed judiciary referring to Emergency. Earlier Mr. Kapil Sibbal, who was also a Rajya Sabha Member of Parliament, addressed a press conference on 3 February 2024 had said that the Supreme Court must make a policy on when it can be approached in reference to Jharkhand Chief Minister Hemant Soren’s plea being rejected and Mr. Justice Sanjiv Khanna presiding over a three judge bench stated that the Supreme Court is open to everyone, if one is permitted all others will have to be permitted ( The Wire 4 February 2024). Power Clash of judiciary with head of state also came to public attention when the Supreme Court gave an order on 8 April 2025 fixing a time frame for the President in which a bill forwarded by the Governor has to be decided upon. That Mr. Kapil Sibbal or Mr. Abhishek Manu Singhvi are supposedly geniuses appearing in nearly all political corruption, company cases and are very well connected internationally.( Ruckus in Supreme Court of India Over Swiss Bank Account Of Senior Advocates, Capital TV 23 August 2024). Some Senior Advocates like Prataap Venugopal and Arvind Datar faced summons from Enforcement Directorate( The Hindu, 9 July 2025) How Mr. Kapil Sibbal and Abhishek Manu Singhvi, Designated Senior Advocate, as Member of Parliament, drew salaries and take perks, yet had the audacity to become a lawyer against a Bill passed by the Parliament by majority without resigning from the Parliament was raised by some lawyers.
It is only in 2025 that the President of India opted to take action on the complaint of a shocking misuse of official power by Mr. Justice D Y Chandrachud in Teesta Setelvad grant of bail case.Complete dual standards and autonomous interpretation of secularism which borders on being a cloak of pseudo secularism. How their Senior Designated Lawyers come to buy properties as individual in Central Delhi Sunder Nagar, Jor Bagh whose stamp duty itself exceeds price of property elsewhere which law firms also are unable to purchase and even top industrialists shy away from speaks for itself. One Senior Advocate, K K Venugopal who was also an attorney General in BJP Government, is claimed by some lawyers to quietly accept brief from instructing Counsels and AoR’s, talking loudly to take fee in advance even before appearing in case, ( expressing distrust in question of fee taken) take advance fee, after that gets in touch with client directly and asks him to change the AoR(Advocate on Record) as he was not ready to work with him( not known whether the AoR asked him to share nomination and then an AoR of his choice( not known whether he was sharing remuneration with him or not). His son Pratap Venugopal, also a designated Sr. Advocate had to be summoned by the Enforcement Directorate for questioning in 2025. As stated by some another Senior Advocate as President Supreme Court Bar Association, probably Dr. Mr. Vikas Singh, Sr. Advocate, hailing from Bihar (another resident of claimed internationally famous Sundar Nagar where international lawyers live) would hold conference with another Advocate then sends an advance Bill to the actual AoR under pretext of being only an advocate, then ask then as rumoured asking client to change the AoR. That also in a case where a modification of an order of a case dismissed as withdrawn was being sought on the ground of unauthorized withdrawal of case by forging signatures of litigants and discharging AoR’s collusively by two Senior Advocates and new AoR’s were made where by an old man who claimed he never signed any papers appeared on a wheelchair and told this to open Court. Now on there very two were two contrary affidavits, one which stated that had not signed and other that he had signed on these papers seeking modification. It may just be a malicious rumour about happenings in Court No. 13 on 28 July 2025. Ringing on the phone number of the impleader it turned out the number was of a car dealer in Vijaywada. Around the same time the issue of ghost litigants which hit the headlines was from Bihar. A fourth person had appeared and said that he had compromised the case with the litigant in a land dispute before another Division Bench of the Supreme Court headed by Mr. Justice P S Narsimhan. where the fourth lawyer was untraceable when probably modification was sought. Other three lawyers distanced themselves from it. Here, an order of the trial Court at Muzaffarpur ( Bihar) and Patna High Court was quashed on this ground. (30 July 2025, Times of India). ‘ Chinna AoR aadab farmata hai!!!’( Small lawyer salutes) Suddenly there was a splurge of such matters after 2022.International Arbitration fared no better than those of Corporate Clients. A tight knit control is exercised by these so called international lawyers with extensive social networking, and they were regular entertainers of In House Counsels due to the jaw dropping salivating response to the fee structure.
It is not known who were the mysterious women operating in Lutyen’s Delhi as the area was called after British architect Edward ‘Lutyen’which in hindi would be ‘robbers’ Delhi.Anti oligarchy rhetoric and future possibilities require conjectures. Neo liberal choice policies in increasingly marketized neo colonialism requires cultural complicities and ambivalence. Colonial architecture of Delhi, with Sudar Nagar for Indian Business men, Corporates, and possible Law Agents to address Viceroy and Privy Council in London , Jor Bagh for smaller Commission Agents and Golf Links for Caddies in Golf Club, and Eastern Periphery for Princely States and Indian Parliament, Wellington Cresent on the Western Side for pure bred white, broad Street in Eastern side as Rajpath for Darshan on horse driven Viceroy Buggy escorted with British troops with cheering Indian populace on the sides, a common place for interaction at Gymkhana Club and Polo Club and Horse Racing Club. Delhi has it all with the new elite with British style dresses. Playing golf as it was considered exclusive and elitist with high financial barriers and Club Memberships made these upstarts up the social order to feel a same nostalgia as Scottish Aristocracy. It was percieved as a symbol of status and wealth. Judges were mostly recruited from Patna Golf Club during heydays of Mr. Justice Chandramauli Kumar Prasad in Patna.
The psychosocial dwarfism arising from psychological and environmental pathology effects growth and is mostly found in children in interrelation of social and behavioral factors. Extreme emotional stress causing growth disorder could requires identification and intervention. Even though psychiatry is more than neuro-psychiatry the psychosocial dwarfism is more cultural in this context and the negative environment has to be removed. Even Indian nationalism had not matured independently.
It’s analogy to socio political institutions as such can be drawn. Economic value of judiciary is more easily calculated using volume of commercial cases, pendency, disposal effects, number of appeals etc. Huge backlog of cases, contradictory judgments, the feeling of some in the judiciary that they have the monopoly of upholding it’s independence and integrity has taken a toll. The overall situation has gone from bad to worse as questions about some matters get listed before a particular bench have arisen again. On 6 May 2024 the Supreme Court sought an explanation from its Registrar( Judicial) against listing of some case without following proper procedure( http://www.livelaw, magzter. com). Maintenance of social peace, adjudication and rule of law is a largely accepted. Why Supreme Court of India and other courts carry over British legacy and try to find the essence of self in values and beliefs of ex colonial rulers is by itself not clear and political groups, radicalized religious group as well as the local elites compete for its control. Despite all the tall claims about being international lawyers and judges who were most meritorious and epitome of honesty in the list ranking of best justice systems India’s global ranking for its judicial system according to World Justice Project Rule of Law index 2021 was 79 out ot 139 countries and the WION report of 2025 with Denmark at rank 1, Norway at 2, Finland 3, Sweden 4, New Zealand 5, Germany 6 India stood at 86 the rank ( WION 3 November 2025). World Press Freedom Index 2025 according to Reporters Without Borders puts India at 151 out of 180 countries with Norway at No.1, Netherlands at Sweden at 4, Finland at 5.
The psychosocial dwarfism in the Indian Judiciary was in these beliefs which was clear when considering grant of an interim bail on 7 May 2024 to a politician as the question of reason to believe that he was a part of wrong doing.Suspicion became a ground in reasoning was a different path altogether.
Rise of suspicion in the brain had attracted attention of scientific community. A base line level of amygdala activation of the brain snd activation of parahippocampal activation is suggested by neuroscience in case of rise of suspicion( science. daily) and is different from what is termed inborn lie detector. Harassment and psychosocial stress induces hippocampal neurogenesis according to some findings. A judicious appraisal was required to overcome predicament even in vast body of scientific literature.But whether the ED was lying or someone else was alarming. Suspicion arises by perceivers experience of ambiguity about anothers motive while distrust involves having negative expectations about others motives. Distrust about institutions may arise. Suspicion may increase information search while trust may decrease it.( Suspending Judgment to create Value,HAL, open science, Journal of Experimental Social Psychology, 2009,46(3) pp 543). Adjourning the issue of interim bail for more information from Enforcement Directorate shows distrust. However, interim bail was granted on 10/5/2024 giving professional loss to him as reason.USA State Department had chipped in earlier and stated that it encourages fair, transparent, timely legal processes while UN hoped everyone’s right is protected in India(Mint 29 March 2024). Interestingly, the two Judges Mr Justice Sanjeev Khanna is son of Ex. Mr.Justice Devraj Khanna of Delhi High Court and Mr. Justice Dipankar Datta is son of Ex Mr. Justice SK Datta of Kolkata High Court and his brother in law Mr
Justice Amitava Roy who was judge Supreme Court of India. Mr. Justice B R Gavai ( the next CJI after Mr. Justice Sanjeev Khanna) made a very bold admission while speaking students at NALSAR , Hyderabad that he did not become CJI just by dint of hard work but because someone saw “something in me”( Time of India, 13 July 2025 TNN). Things were no better under Mr. Justice Gavai and controversial appointment of Justice Vipul Pancholi to Supreme Court within 48 hours of collegium recommendation in August 2025, making him the third judge from Gujrat, Mr. Modi’s home state represents how these institutions are being hijacked. A lawyer by the name of Raj Kishore threw a shoe on 6 October 2005 at Mr Justice Gavai, CJI, in the open court. It was widely reported in the media, the opposition parties quickly jumped to his rescue claiming it was because he was a Dalit. It turned out the lawyer himself a Dalit. Such an incident had occurred in 1999 also.
Product of the Collegium system and part of some Cabal. Secret conspiracy, hatching plots did not have any spiritual connotations of Kabbalah but to Cabal ministry of King Charles II of England and Friesche Kabaal of Netherlands. The Establishment had collective narcissism with a complacent gaze on itself in a mental health condition. Manipulating and exploiting their sense of reality gets altered when they are centerstage. Another Chief Minister Hemant Soren got his case mentioned for early listing taking cue from the order of the Supreme Court in Arvind Kejriwal’s case but was asked to let the matter be taken up on 13 May 2024. The new order of a cabal of elites secretly implementing a dystopian governance structure has its roots in the colonial mindset and psychological complexity has some paranoid credence in terms impersonal operations of political economy and certain happenings. They reestablish a sense of order and structure in situation of precarity and powerlessness(J.Soc issues 69, 564-585 2013). Did a mafia exist in the institution using a narrative of the so called Independence of Judiciary. The word mafia is likely to be originating from combined Sicilian Arabic expression acting as protector against arrogance of powerful. It moved into money laundering with invisibility and deceptiveness by using the grey zones of professionals as Consigliere as trusted advisor and entrepreneurs who turn a blind eye for extra profit. At least a mafia like hold is discernible in Independent Indian Judiciary. Existence of a coterie of lawyers and judges having intimacy and exclusivity could not be denied, most of it was built around foreign trips, education and membership of organization and a self assumed global elite syndrome. Many women lawyers and others of this coterie and others suddenly shot yo prominence and were heaped with senior advocate designations and other recognition during Mr.Justice D Y Chandrachud.
History of Indian Judiciary was blessed by Congress Party as in the forms of M’Lord Bahrul Islam, he joined Congress Party in 1956,in 1962,1968 was elected as Rajya Sabha MP in Congress ticket, resigned from Rajya Sabha in 1972 and made Judge High Court Assam and made Chief Justice in 1979 from which he retired in March 1980, was recalled and appointed Judge Supreme Court in December 1980. Resigned as Judge Supreme Court in January 1983, contested election on Congrese ticket which was postponed, was again re-elected to Rajya Sabha. ( Blinding Brilliance) Mrs. Indira Gandhi supposedly advocated committed judiciary and even superseded three judges Justice Manilal Shelat, A.N Grover and K S Hegde and appointed Justice A N Ray as Chief Justice of India. A couple of years later superseded Justice H R Khanna and appointed Justice M H Beg for the same position. But government has little say in the collegium system of appointment. When consultation became concurrence of Chief Justice of India in the collegium system of appointment in a stretched version of Independence of Judiciary, administrative and executive functions in relation to transfers and appointment of judges were taken over by the Judiciary. Formation of caucus to frame policy and career progression is an outcome. Curious arguments in defense have been offered mostly from beneficiaries of the system. Fresh question have arisen when two Senior District and Session Judges of Himachal Pradesh questioned the decision of the Collegium in 2024 in the Supreme Court.Judicial decision making, environment in which judges operate and the internal deliberative process of judicial institutions in their hierarchical structure has been examined by many in terms of game theory models and bargaining with each other so that the final outcome is in terms of their individual views and ideals given the doctrine of precedent. ‘In line for CJI’ factor has found mention in collegium resolution regarding Mr. Justice Vishwanathan on his direct elevation from the Bar implies immense clout of some cliques to manage the collegium. Mention in recommendation of Mr. Justice Joymalya Bagchi of Kolkata High Court in 2025, again eyebrows are raised. Even more amazing is the scheduled visit of six Supreme Court Judges to Manipur and camps of riot effected in 2025. Political awareness and education? K N Rajanna Minister in Karnataka admitted in Vidhan Sabha that he has been a victim of honey trap along with 48 others( Economic Times 2025, the week. in 25 March 2025). Congress leader Brajesh Kalappa alleged that ‘ honey trap’ has become a political weapon as the politics in Karnataka revolves around caste, business and personal relationships. Many politicians, judges and senior bureaucrats are so trapped. ( Navbharat Times 24 March 2025).
The act of thinking itself in general had undergone a change across various disciplines. The legalistic thinking procedure had to be looked into. The characteristic way of thinking as in quantum thinking is in the form of a mentality of making inferences about abilities based on social status and groups. Idea of quantum thinking is that an individual can hold multiple opposing thoughts at the same time and put an appropriate thought into action at optimally opportune time. Subconscious issues are brought to conscious awareness and presently similar debate rages whether the physical universe itself has attributes of consciousness or awareness. The physical universe does not judge or have judicial behavior that people should deify human judges manning the judicial system.Myth of merit in elitism and the views on individual psychology in terms of behavior based on unconscious and driven by instincts to the other version of a lifelong search feeling of belonging and completeness is behind the psychological complex as a system of related ideas seeting up an emotional state generally organized a theme of status or power. A superiority complex of exaggerated self esteem based on belief of having achieved enough success and display of arrogance due to institutional affiliations and family connection could be a sign of psychological incompetence.An inferiority complex centred around a not believing that they have achieved enough success makes resentful and dissatisfied. ( medicine. net).. Dispensation of favours and defference to declared elites as Senior Designations was a positive affirmation to kith and kin which rendered an overflowing self confidence ti them through positive experience in a subversion of the system.
Institutional integrity in it’s disposition consistent with its commitment to pursue it’s purpose in constraints of legitimacy puts on the citizens a duty to support the installation.Judiciary is definitely not an instrument of oppression, but it had been in the public eye for various reasons. Continuing mandamus as in M C Mehta’s case was a judicial invention and an enquiry by SCO revealed at least 34 cases which were more than 30 year old in Supreme Court of India. Similarly any talk of changing the appointment method and dispensations of privileges in the judiciary to a transparent and democratic norms is countered by talks of judicial Independence. According to Vilfredo Pareto in La Circulation des Elites en France , elite is a value free term, and comprises those who score higher on scale measures of social value such as power, riches and knowledge. This elite by virtue of strategic position in powerful organization are able to substantially effect political and socio-economic outcomes. The myth of meritocracy promoted by political and other elite makes it appear that the system is open and accessible. Successful manipulation, chance factors playing a role in individual success which cannot be ignored where bias exists in role allocation. Strategy of causing a medical condition of burnout by a mismatch in current position and the position, or making the person feel helpless and lacking control at workplace, access to resources, lack of extrinsic and intrinsic rewards through unfair treatment and causing delays as in designation or role allotment is fairly common. A false sense of privilege is self assumed amongst those who have acquired coveted role particularly in the judiciary which in in a derogatory sense called VIP culture of Indian Judiciary on pretext of security concerns even when surrounded by their own peers amidst security screening. Last minute manipulations right from recommendation of names for appointment as judges, till the final stage whose appointment file will be cleared first and signed earlier so that order of seniority is altered is mind boggling. Institutional integrity requires operational functioning to fully integrate ethical standards and strategies to prevent corruption and distortions to serve the people’s interests for which the institution was created. Subterfuge of the internal work environment destroys it’s credibility to external stakeholders. The British Judiciary which the Indian system adopted was itself undergoing a crisis and the national audit report found civil legal aid fees being paid to lawyers in 2024 was half of what it was 28 years ago( 6 December 2024 theGuardian.com). The legal aid was being cut and court backlogs were increasing.
The social optimality and welfare optimality should not effect the welfare gain of the society in general in increase in welfare of any individual in classical political economy. The emergence of a new elite class post independence from a colonial setup has to prove its productivity. Ethnicity in social networking regarding job, profession and employment opportunities each had consolidated into a social caste system had economic impact as nature of economic returns jad also changed. Ancient India had only a jati system based on nature of work, profession, employment, depending on quality and ability. This deteriorated into a a social networking by birth and difference in social status and acess to public resource. A British ethnographer and colonial administrator who was an exponent of scientific racism by the name of Herbert Hope Risley(1850-1911), divided Indians into seven races. Risley believed that varna, however ancient, could be applied to all modern castes find in India.Biological racism is a pseudoscientific and suggests racial discrimination and racial superiority. The census of 1901 Convergence in changed economic scenario caste system had become the biggest hindrance to economic growth. The post colonial Indian economy was to deal with these issues.
The borrowed elitism and cultural ethos of Indian judiciary and attempts to give it a popular face created a paradoxical situation.How the governing elite group is formed is important.The idea of collegium with a unique colleagiuality based on intimacy and shared goals as in the case of Supreme Court of India is a likely degeneration with identifiable hegemons responsible for dissemination of hegemonic ideas. The conscious of unconscious estimation in terms of vulnerability to hazard and preserved negative consequences that someone is dangerous is a threat perception, anxiety is also linked and is a future oriented mental state and is compounded in social anxiety. It was effortless to work with what was already familiar as in recognition of faces. ( Neurological findings suggest that familiarity increases horizontal processing in the brain). Carrying a grudge is about the person holding it and not the person against whom it is held. The perception of threat along with personal grudge meets a purposeful discrimination in such so called collegiality and full court considerations of the Supreme Court of India. A crisis engulfed this so called most powerful Supreme Court. Neglect of rule of law puts the acceptability and credibility of the Supreme Court in jeopardy ( The Wire,13 November 2027).There was no clear benchmark for determining which types of cases deserve admission under the Special Leave Petition route. The pick and choose model through which some cases jumped the queues and got listed for early hearing. Heavy backlog of cases which allowed the Supreme Court of India to avoid difficult cases by not listing them at all ( Supreme Court: Why India’s powerful top Court is in a ‘crisis’ BBC 31 July 2023). In a diffused conflicted end of continuum there is a distinction( Legitimation Crisis, Jurgen Habermas 1975 Beacon Press, )between identity deficit as motivational crisis while there is also a struggle to establish goals and values resulting in legitimation crisis in the social system. There is recoupling of the economic system to political which repoliticizes the relations of production and there is need for legitimation as noticed in the Indian Judiciary.Another crisis is the lack of synchronicity and optimal experience in its relationship with those seeking adjudication. In neocolonialism, the evolving legal framework global supply chains now encompasses human rights, environmental concerns, economic stability, collaboration, corporate responsibility and transparency beyond import/ export regulations, contractual/ commercial laws and enforcement mechanism. External pressure on the legacy institution.
The 2013 remark of Arun Jaitley, Law Minister between 2000-2002 and 2003-2004, in the Parliament on threat to independence of judiciary post retirement jobs for judges and judiciary itself creating them lavishly citing specially the question of fixing fees for medical and engineering colleges by judges. Pre retirement judgments being effected by post retirement job desire was infectious.Unelected judges making statement on murder of Democracy in reference to Chandigarh Mayor elections ( Mr.Justicr D Y Chandrachud, 5 th February 2024 , Economic Times ) is as jarring as his reacting to holding examination for Retired Judges appointed through Collegium for appointment to District Consumer Forum( The Times Of India, 3 February 2024).Without vilification, Whatever led to this opinion of Justice Mr. Chandrachud or the views possibly held, the threat perception felt by him may or may not have resulted in such a comment is not known and could be a genuine concern. Not much is known about his opinion in other acts in the collegium or in full court as it is not known publicly except for incidents like purposefully avoiding the collegium meet during Mr. Justice U U Lalit’s tenure in 2022 or delaying Senior Designations till retirement of Mr. Justice Sanjay Kishan Kaul which anyway appeared to be embroiled in sharp discussions due to controversies and lapses even in 2024.Some disturbing signs are there. This Mr. D Y Chandrachud and N V Ramanna had insured that names of all applicants to be pasted across notice boards all over India, kept matter hanging for months, suddenly declared a last date for applications revising the last date and immediately called everyone for interview so that those who actually were to benefit did not face public scrutiny. Mr. Justice Chandrachud did not even look at the applications but asked the briefest question and was dismissive in the briefest interaction with about 325 applicants as US Embassy H1B Visa interview, rejection letters reached the very next day early morning even before the names of 65 lawyers mostly relatives of sitting and and retired Judges with close links. Why the Supreme Court of India wants to keep the system of Designated Senior Advocate or Collegium is not known. These were very controversial methods of manipulation. The farcical situation between 2019 -2025 in these so called designations created an even worse situation which was percieved as complete distortion by many. In 13 May 2025 judgment(SCO 17 May 2025( by a Bench of Mr. Jutice A S Oka, Ujjal Bhuyan and SV Bhatti in Jitendra@ Kalla Versus State( NCT Delhi) the concerns over the Indira Jaisingh judgments of 2017 and 2023 scrapped the 100 point system and banned individual judge recommendations. Creation of eminent position with mentors and leveraging through manipulation to amplify through social networking using effective strategies and information assumetries was rampant.Malacious behavior when goals comflict requires a dark psychology. Coteries maintain power by controlling flow of information and access to oppertunities.Insider status and strategic mutual support to exclude who they consider outsiders becomes its hallmark.
Earlier slogans were raised against Mr Justice Sanjay Kishan Kaul in Chennai by lawyers asking him to go back to Delhi when he was Chief Justice of Madras High Court ( http://www.livelaw.in 16 February 2015).Lawyers also burnt the effigy of Mr. Sanjay Kishan Kaul when he was the Chief Justice of Madras High Court, while on strike protesting against amendment to rules under Advocates Act ( Hindustan Times, Press Trust of India, 5 July 2016). Many more controversies have arisen. The collegium system itself appointed Mr Justice C S Karnan and faced embarrassment by his acts. . The Supreme Court ordered his mental check up by Medical Board and in retaliation Mr. Justice Karnan ordered that the seven judges of the Supreme Court Bench that passed the order against him be produced before a medical Board for psychiatric examination (www.indiatoday.com, 1May 2017) Mr Justice D Y Chandrachud along with Justice Sanjay Kishan Kaul and Justice M R Shah finally met lawyers from Gujrat and Telangana High Court over the collegiums proposed transfers of Judges from their Courts. ( The Hindu, 21 November 2022).Mr. Justice Chandrachud who holds an LLM and SJD from Harvard Law School was promptly given CLP award for Global Leadership as the highest professional distinction handed out by his alma mater in January 2023 has not been able to avoid these unsavoury events. Many have called him a person with ‘Woke’ sentiment i. e a person who is wanting to be considered correct, and wanting everyone to know how correct he is despite outright practising nepotism and elitism. Making his tenure a case study, the manner in situation was handled is interesting. The suo moto proceedings against Punjab and Haryana High Judge Justice Rajbir Sherawat observations in 17 July 2024 order concerning an order passed by a Supreme Court Bench on 3 May 2024 shows a chaotic situation.Taking exception the Supreme Court’s stay other the High Court Judge had observed ” Seen at a psychological plane this type of order is actuated, primarily by two factors, firstly a tendency to avoid owning responsibility of consequences… and secondly, a tendency to presume the Supreme Court to be more Supreme than it actually is and to presume a High Court to be lesser High than it constitutionally is. “(The Indian Express 7 August 2024).
The league psychology of validation seeking behaviour, rank toxicity, reduced desire to quit are correlated and evident in his behaviour. The attempt to recreate a British era environment, legacy motivation in the desire to be remembered despite cognitive constraints was remarkable. The narcissistic colonial superiority to justify exploitation involved devaluation of the colonized. The projected anxieties onto the colonized created a binary world view. The colonized adopted the colonial mentality as a survival mechanism and by indoctrination. The institutional reinforcement continued to valudate the colonizers perspective.The supposedly viral video of his son( whose brilliance lies in family ties) Abhinav Chandrachud’s tirade against the Citizenship Amendment Act is a speech laced with high sounding humanism. Foreigners to have unfettered rights by application of Article 14 on equality before law out of context. Natural homeland in civilizational context is deeper than pretext of pseudo secularism of objections to CAA. Fixing a cut off date of 2014 for non muslims with accelerated citizenship are those who fled religious persecution in neighbouring countries where the non muslim population has also officially declined. Arguments against keeping the scope narrow to some religious denominations and not extending at large to everyone ignoring that fragmentation itself is on religious grounds is tacitly saying that Pakistan, Bangladesh and Afghanistan are absolutist oppressive states and they are non humanitarian for all people irrespective of their religious inclinations. Though the justification of religious persecution of non Muslims is stated to be the objective it is not mentioned in the Act. The Western media has coined a term Constitutional Parasitism. Citizenship as a legal status should not mixed up with humanism. Right to vote can be curtailed under the Representation of People’s Act. The valid question could be in terms of legal/illegal immigration and political oppression rather than that of exclusion of those who have not faced religious persecution or even sects of the majority population in theocratic Pakistan, Bangladesh, Afghanistan. Ahmadiyyas celebrate creation of Pakistan as they are its founders.The test is reasonable classification and intelligible differentiate. CAA as amnesty is not about grant of asylum but granting citizenship.Why should USA express concern or Pakistan which is itself a non secular state express concern is not clear. Why should India try to fix the problems of Islamic faith and failed or struggling states? The Western hypocrisy in which EU gave 7.4 billion Euro dollars in 2024 as per statement by Ursula Von Der Leyen to Egypt to prevent migrants to use Egypt as gateway to Europe and controlling migration. This deal is supposed to promote democracy and human rights. Whether there is an elitist mode of thinking in imitating Western hypocrisy by so called Indian intellectuals and in their behaviour would require more information.
The Supreme Court was now hearing about 238 petitions challenging the implementation of the Citizenship Amendment Act. However, 2024 has seen a slew of Constitution bench in the Supreme Court judgments some of which were long pending.In 1950’s about 13℅ court’s decisions were by Constitution bench. The number of such judgments dropped from an average of 6. 4 cases per year in the last half of 2000’s. A finding that the more convoluted nature of these decisions has made it increasingly difficult to even determine the winning party.A total of 488 Constitution Bench matters were pending. Of which 338 were 5 judges bench matters with 42 main and 296 connected matters, 15 Seven Judges matters with 7 main and 8 connected matters, total 135 nine judges matters with 5 main and 139 connected matters.(www.thehindu.com 14 October 2022).A psychological profile of Mr D Y Chandrachud by any expert is not available to cite. However much can be said about the American University he studied in. A 46 page report( thesophiefund,org, 7 February 2021) by a task force convened Provost Alan M Garber describes Harvard University with a toxic culture and a stigma around mental health misses out on the other side of stress, peer insecurity, unhealthy coping strategies resulting in individualized self delusion arising from dynamic interplay of these and as a method of coping individually while hanging on collectively through alumni social networking. Arguments against delusion being a defense mechanism are also there and it is said to be part of direct exaggeration of emotional state of individuals. Glorification of workload burnout and stress related exhaustion disorder amidst increasing pendency of cases is alarming. Is the judiciary elitist? Mr. Justice D Y Chandrachud remark at J20 Summit in Brazil ( livelaw 15 May 2024) that Indian Courts have come to be reimagined as Democratic Spaces for dialogue and not as Imposing Empires because digital technology had been introduced and judges are service providers and enablers of right affirming societies does not even remotely connect to decolonizing the judicial mode or it’s self serving elitism.The media circus which Supreme Court of India was reduced to under Mr. Justice D Y Chandrachud, may not end after his retirement in November 2024. All that seems to have happened that all of a sudden five members of a single family of judges from Bihar who are related by blood become very meritorious simultaneously and honoured with Senior Designation in a system of favours. One of the designates Rishi Malhotra has been served with a notice regarding possible reversal. Those who raised questions and ask information about marks given to them and to those designated led to a flurry of activity, re interview and designating them Senior Advocate. Recent debates have deteriorated to the extent whether lawyers act as middlemen for judges in their acts of judicial misconduct. When in an interview by BBC Mr. ( Ex. Justice) Chandrachud was asked about elitism, he seemed to squirm and evade answering. Weakness of judicial appointment system appeared to be at fault as it was susceptible to manipulation.
The scale returns in communication and the elite control of organizations though the social ordering with a complete ranking of allocation, the first rule in a Walrasian rule is egalitarianism based on social equality. Institutional elitism and assertiveness has a motive in expanding the scope of regime politics. Meritocracy linking social mobility to merit could easily be a myth when visual individual inputs and individuals with demonstrated efforts have invisible hurdles imposed with a lack of transparency. There appear to be other reasons that enable success as well as a familiarity and the similarity bias emerges in selection of individuals as job fit or culturally fit particularly to senior levels in an organization or institution. Risk of going unobserved in an organization which has a pretension of valuing merit is heightened when there is an overall environment of disproportionate challenges and accessibility to opportunities and gaining social status. Subtle discrimination as limiting access, to minorities, sponsors and decision makers along with exclusion from critical discussions. A system where a group is privileged over others in accessing and participating in the justice system is traced to the colonial system and cultural paradigm. It poses a significant problem.
Collective decision making is often perceived as superior to other forms of decision making and reflecting social preferences better. Consensus building in twisted social choice functions is however a different situation.Individual preferences are convex but the utility is strictly concave and social welfare function has a universal domain in a presumed non Dictatorship as per K J Arrow’s Impossibility theorem.( Journal of Law, Economics and Organization, 1991,7,Pg 1-6). Axioms of choice is presumptive but yields results.In an overall social complexity which is unstable, chaotic system is not a totally random system. Intrinsic coherence in dynamism there is recursiveness in the structure as symmetry groups exist. In the same line of thinking Gaetano Mosca in The Ruling Class, 1896, propounded the theory of elite domination.Money, political power and knowledge of elitism would cause a problem if knowledge is missing as we find in Robert Michels, The Iron Law of Oligarchy 1911, as democratical complexity will develop into manipulation and corrupting the system. The essence of elitism lay in individuals of a select group are in the position due to socio economic conditions rather than personal achievement with the exception of first generation entrant in the socio economic bracket. The first generation entrants, at least in India need to have suitability in terms of situational requirements of maintaining hegemony. Skepticism of human nature effected positivism of social sciences.Patronage politics and ideology of dispensations and hegemony working in a colonial mindset of exclusion and inclusions imposes an aspirational bar. There was also intentional tendering of marked persons as redundant so that they feel stressed and drop out of the race. Individuals perceiving themselves as being left behind by economic and social trends would possibly harbour stronger anti elite sentiments.
As agents of preservation these elitist oligarchs were opposed to the original idea of being agents of change. The Cabal in conspiracy theories gets supported in the profile assemblages of celebrities, business tycoons, and political leaders gathering in Davos at World Economic Forum. In Global Cabal conspiracy theories a secret network trying to establish a new world order was oversimplification in mental heuristics. Socio economic inequalities and poor national economic performance give an appeal and proneness to conspiracy theories. A dimensional problem of poverty in terms of deficit of learning rears its head in elitist mindset. Michel Foucault in The Order of Things 1973 spoke in terms of self-referential feature of ideas and not only the deductive powers of sovereignty but also biopower exerting a positive influence with the role of knowledge in the information system.
Using mathematical metaphors and stating fundamental propositions in cross-cultural society where arrow of time is a directional progress of change in dissipative structures in Claude Levis Strauss type Structuralism.( Structural Anthropology 1961). Godel’s loophole as a ligical contradiction in US Constitution formulated in 1947 where a president could legally transform the republic into a dictatorship using Art V ( amendment proces) could be an extension of the incompleteness theorm. Each time an additional consistent statement is added as an axiom, there are other true statements that still cannot be proved even with the new axiom. The discussion had gained strength during Donald Trump’s second tenure.Applying the incompleteness argument to Indian Constitution suggests that it would still incomplete with loops that could not be resolved. There were legal/ ethical truths and situations that kept arising which the Consitution could not directly resolve. Taking the argument further Constitution could not by itself prove that all the interpretations and amendments were consistent internally. Consititutional Amendment under Art 368 in Part XX by itself create a self referential loop which required externnal valudation by Judicial interpretation. The Presidential assent and if it effected the federal structure then ratification by states requirement could not plug the loophole. Handling abnormal situations threatening national security, stability and financial emergency using Art 352 -360 raised questions about its misuse and forming dictatorship. The Business Model Of Democracy as consitent, rule based system could not be both complete (in all scenarios) and free from contradictions. Anticipating every possible market condition or disruption with self referential vulnerability or governance failure just showed that the formal system cpuld not prove its own consustency. Resilience and adaptability would be required.
The elitist oligarchic structure of the higher judiciary with its vocal hegemons with their domineering attitude and dispensation of favours has been controversial. The psychology of granting favours on basis of proximity changes the cost of favours into trust deficit. If a favour is sought and rejected it’s cost increases for the favour seeker( Psychology Today, 26 December 2015). Systematic nepotism and cronyism make procedural and institutional guarantees a facade. Career advancement becoming dependent on demonstration of loyalty and weight of the patron has negatively effected the judiciary.Favouritism, cronyism, nepotism and quid pro quo relationship can be very troublesome leading to aberrant workplace behavior and cynicism.
Questioning the Supreme Court of India whether it had been able to produce it’s own jurisprudence and not merely borrowed from American or UK Jurisprudence and applied it all along during its existence as an institution is best left unanswered, when the Western style democracy itself was borrowed idea. If the Western democracies raise concern about its manner working in India it eas declared interference in internal matter. In USA itself, the Billionaires Club was in controllable with US Courts trying to reign in Mr. Trump in his sense of entitlement and glory during the Trade War unleashed by him in 2025.
Social entropy is a measure of vector uncertainty and money is a claim on energy of others.Structuralism and Constitutionalism is criticized for not defining class, exploitation, Labor, money and capital for a responsive social choice function in coalition politics. Power and position in a social structure effects brokering capacity due to social networking. Forms of power and perceived influence in social exchange network is then dependant on strategically located individuals exploiting those depending on them for resources in negatively connected network. Exploiting social configurations and accumulation of privileges as a set of special rights there is horizontal privilege escalation permitting use of access to normal access of others as well as vertical privilege escalation as higher access to privileges bypassing others. A society of favours with an inbuilt system of privileges has a fixation. The problem can be traced to entire Indian system.
The Indian National Congress founded by former British Bureaucrat A. O.Hume had taken the lead in engaging constitutionally with British Imperialists. Later activist action by several leaders and bargaining occurred in a sort of game theoretic set up with sub games as the congress was like an umbrella organization. Strategies distributed for set of payoffs payoff vector in a finite horizon in simultaneous action, As it happens there are mixed strategy Σ2, Σ2… for δ ⋞ 1 given a rotational plane.The East India Company’s administrative power and control over territory in Indian subcontinent were taken over by the Crown by the Government of India Act 1858 and the Company dissolved by Act of Parliament in 1874. The company culture of shared assumptions and values along with it’s organisational performance was not international nor it’s experience healthy. The ensuing period of British Raj was no better. Gaining independence under an Act of British Parliament in 1949 as The Indian Independence Act, initially with a Dominion status was it’s outcome. On 26 November 1949 Constituent Assembly adopted the Constitution and the Constitutional status to India came on 26 January 1950, by it’s Article 395 the Indian Independence Act and Government of India Act were repealed.
Although the Constitution of India remained a lengthy document borrowing ideas from US Australian, Canadian, Ireland,French Constitution, Soviet Union, South African German and Japanese Constitution the British legacy is dominant. As an extension of Government of India Act 1935 it certainly lacked originality. It had been amended several times and even it’s Preamble had been amended without altering the date of adoption mentioned in the Preamble. 42nd Amendment brought during Emergency 1975-77 added terms Socialist and Secular to it. Umpteen Amendments to Article 334 as period reservation of seats to Parliament and the caste based politics with ever extending job reservations based on caste has led to an ever increasing demand for more reservations. Growth of constitutional law would depend on the quality of judges.
A very colonial British selection and appointment procedure for judges and supposedly independent judiciary has been criticized often. Unlike the United States of America with its declaration of independence justifying the independence of United States by listing 27 colonial grievances against King George III and asserting certain natural and legal rights including a right of rebellion, the Indian scenario differed. Through negotiations and activism British granted Independence to India. It became irrevocable with coming into existence of the Constitution and repeal of Independence of India Act and the Government of India Act. The fragmented princely States in the subcontinent under the British having exercised a choice.The Constitution had given enough safeguards for independence from executive and legislature to the judiciary.With insistence on being addressed as Lord, opposition to a Judicial Commission there is talk of Judicial Supremacy outside the democratic process. Supreme Court of India unconsciously fashions itself as House of Lords of feudal / monarchist UK of the past rather than a contemporary constitutional apex court. Even UK has put in a new Supreme Court in place of House of Lords. Fundamental constitutional transformations were done outside the democratic process in the confines of legal establishment. Learning from experiences of other nations was different from adopting their cultural ethos.
A system of high exclusivity of super elite and of dispensation of favours was apparently being carried out. The myth of meritocracy was propounded that upward social mobility is achieved through merit regardless of social position by elite oligarchies. To make believe that they acquired their position through merit rather than privileges and favours in sifting and sorting of role allocation This was a highly contradictory situation calling for attention of citizens. The attempt to create a public perception of trustworthiness of judiciary and manipulation of social psychology that it rises to the ocassion to protect the citizen from wayward legislator and executive was deceptive. Purposefully eroding credibility of executive and legislature was an attempt to covertly introduce oligarchic elitism in system of power sharing is visible in India. Can the extra electoral institutions, public accusations and popular appeals introduce elite accountability?
There was a controversy on the Chief Election Commissioner’s appointment before a 5 Judge Constitutional bench on 23 November 2022. The plenary power under Art 124 of the Constitution of India comes in conflict with the plenary power under Article 324 of the Constitution.The Court wanted someone from judiciary to ensure transparency in appointment while rejecting the same argument for National Judicial Appointment Commission in the name of independence of judiciary. Such trends were there around the globe, people in Israel came out in 2023 to protest to defend the system. The system similar to the one proposed in the National Judicial Appointment Commission Act of India which was struck by the Supreme Court of India. In any case the Act only brought in another committee instead of the collegium but did in no way make the appointment process free of whimsical favouritism.The collegium system came into existence in 1993 when a 9 judges bench of the Supreme Court of India changed the meaning of the term after consultation with to after concurrence with (instead of concurrence of) in a rewriting of the constitution. The motive could have been to be able to turn down names suggested by the government. Curiously it was interpreted as meaning the government cannot turn down a name if reiterated.Conflict with the central executive over collegium recommendations started another type of power play and got highlighted in the proposal of elevation of Senior Advocate Gopal Subramanium as Judge Supreme Court from the Bar. However, the abrupt withdrawal of consent by him to avoid escalation of confrontation due to unilateral segregation of his name for reason assigned by him was targetting due to his role as Amicus Curiae in the Sohrabuddin fake encounter case. It is often stated that very little was known about the judges prior to their recommendation by the Collegium. Elevation of Justice Bela Trivedi, who was Law Secretary to Mr. Narendra Modi, during his stint as Chief Minister of Gujrat may come under the ambit of political appointment. The direct elevation of Justice Manoj Mishra and Justice Ahsanuddin Amanullah to the Supreme Court of India under merit and regional quota brought this issue of political versus judicial favouritism to the fore. ( http://www.livelaw.in,11 March 2023). British Darbar continued to be held in with one Judge Mr. Justice K Vishwanathan publicly lauding N Venkatesan being made King Counsel in UK in 2025 as a epitome of achievement. Similarlity of aspirations and sentiments and nostalgia about the splendour of British robes and gowns and being recognized by White European remained the ultimate ambition. The self declared elitist oligarchy and the control by vested interests was damning. Administration of Justice through such a non elected self declared elite in an opportunistic mindset was possibly fraud in use of power.
The most disturbing unprecedented press conference on 13 January 2018 by four Supreme Court Judges Justice J Chelameswar ,Ranjan Gogoi, Madan Lokur, Kurien Joseph( http://www.ndtv.com) that Democracy was at stake, things were not in order with the administration of Supreme Court will be remembered for long. They left the question whether Chief Justice of India Dipak Misra should be impeached or not to the people of India. In a seminar hosted by Campaign for Judicial Accountability and Reforms Retired Supreme Court Judge Madan B Lokur spoke about the opacity of the Master of Roster system and the perception that case listed before a particular Bench will have a particular result. Motion to impeach him was moved but rejected on the ground that his misdemeanor was about internal functioning of judiciary.( 24 February 2024, http://www.livelae.in). While Senior Advocate C U Singh addressed the seminar voicing concern that the trend of one Supreme Court staying judgment of another Bench( 25 February 2024, http://www.livelaw.in). Mr. Justice Kurien Joseph voiced his concern in a seminar, post retirement, about the sanskrit shlok “Yato Dharmastato Jayah “as logo of the Supreme Court of India in terms of his own ideology, religious belief and borrowed wisdom.
Situations of conflict between High Court and Supreme Court also occurred as in Justice C. S. Karnan in 2017 whose arrest was ordered by the Supreme Court , The Andhra Pradesh High Court Judge Rakesh Kumar passed an order with critical observations against the proposals made by Supreme Court Collegium to transfer Chief Justices of AP and Telengana High Court ( 30 December 2020 Live Law) which Supreme Court India expunged in 2024(9//2/2024, livelaw.in). The Justice Abhijit Gangopadhyay case of 2023 where supreme Court transferred case from one judge to another of a High Court. These were ugly incidents where Supreme Court passed orders against or expunged remarks made by individual judges. Mr Gangopadhyay joined politics.
The collegium system of appointment of judges had come under severe criticism and instances of nepotism, favouritism, opportunism, quid pro quo been cited many times. Secrecy, lack of transparency and accountability in the collegium system of appointment on judiciary came into forefront in regard to family relationship in names forwarded by the collegium for appointment of High Court Judges in 2022. Mr. Justice D Y Chandrachud , the son of an ex CJI Y V Chandrachud (declared a jurist by managed Wikipedia narrative) as well as Justice Nagarathna. In 2021, the CJI N V Ramana was very upset over reports in The Indian Express, about names about to be recommended by the Collegium of 9 Judges saying the names had not been finalized (www.scroll.in,18 August 2021). There is an apparent insistence on avoiding discussion on names proposed. This premature report stated Justice Nagarathna had been recommended. Curiously all these names were actually recommended a little later and their was a lot of bargaining and Mumbai lobby stuck to it’s stand on making her the first woman CJI at the cost of others according to talks in the corridors which were not supposed to be reliable. There were umpteen number of judges from some outstanding families over two to three generations. Many people were ignored while dispensing so called favours. Not taking names is a subtle way of establishing dominance, social anxiety, creating a psychological distance or exerting control sometimes as tactics to increase psychological distance in a dynamics of superior/ inferior or insider/ outsider or alexinomia as fear. The opacity in the Collegium benefits the executive as well. There are many ways it influences the appointment process(www.hindustantimes.com 16 November 2022)without any responsibility to the people.Some names are not taken by anyone in the collegium or full court of Supreme Court of India at any time and some others repeatedly. .
Seniority based nominations and appointment appear very unfair at times. A possible solution to experimentation and office of Chief Justice of India being a non elected post, it should be held by rotation at least among all members of the collegium so that it can be held collectively and individually for all decisions. To reduce judicial politics from amongst all senior Chief Justices of High Courts they should by rotation should sit as Judges of Supreme Court. Under Mr.Ravi Shanker Prasad as law minister earlier these were non issues. The Ministry of Law and Justice handles legislation legal affairs and affairs about appointment and other matters related to judges.Even the question of some sort of administrative control over High Courts in terms of appointment, transfers beyond the powers of transferring cases from one state to another by the Supreme Court of India is debatable. The collegium recommended transfers of 2023 have again led to a confrontation.Even High Court judges are passing orders as Allahabad High Court on benefits for ex judges in 2023.Mentorship requires a goal for the mentor and mentee in a confidentiality. A structured and effective mentoring with a presumptive leadership by mentor in developing world leader in mentee was conspiratorial.
The power and elitism in post colonial India had a cultural bias and and amputee identity disorder. Liberal elite’s contribution to Indian history and democracy had been a non majoritarian approach. Disproportionate access to resources and opportunities was in clear violation of democratic norms.A relationship between attributes of transactions of various degrees of assets and characteristic government structure which accomodate transaction in private ordering arrangements considers opportunism as human behaviour with a trust deficit. Self regulation being absent, the complacency of the media and concerned citizenry has been strengthening the emaciation of democracy without a structure to protect against potential opportunism. Economic sphere is the domain of which economics provides knowledge. The political sphere is a domain in which economics is an influential factor. In the economic sphere market mechanism exchange fails when a transaction is vulnerable to opportunistic behaviour and transaction cost economics hierarchies are given supervisory power along with incentive mechanism to determine opportunism. Capitalizing on mistakes of others and opportunities created by errors, weakness, and distraction of opponents, there is a practice of taking advantage of circumstances. The mind set of transforming uncertainties into opportunities is not necessarily a growth mindset.Peer relationship quality also leads to delusion about state of mind of others with situational variables.Transaction costs differ from opportunity cost which arises as a result from choosing one alternative over another and potential profit is forgone from a missed opportunity. Symmetric or assymetric opportunity games with imperfect information has boosters.
Judicial decision making can be looked at in terms of game theory models also. As neo classical non zero sum game can have random trajectories with a set of participants, actions and payoffs at the end of the game in strategic decision making can confuse goals and rational choice and wrongly specifying the rules. A neo classical zero sum game is where one person gain is another’s loss so that net change in benefit or wealth is 0 with as few as two players or as many as millions of players. Elites using the supervisory powers in organizational hierarchies, in the designed opportunistic game which allows opportunity to trigger a relevant activity, inadvertently promotes opportunism and sycophancy for grant of favours to use the opportunity after taking consent of individual to be a part of opportunity game as noticed in the Indian judiciary.
The pattern of elite values and seeking more control as payoff contradicts a pluralist democracy perspective of shared values where politicians seek electoral payoff due to the colonial hangover.The ruling elite used the Indian caste system in an institutional manner in pre colonial period.The social unrest in 1920’s saw the colonial British start a policy of discrimination and job reservations on the basis of caste. The term dalit was coined, claimed to be from Marathi, to mean oppressed and resource less rather than implying untouchable. It had a political connotation. Social roles like profession becoming hereditary restricts social mobility although it increased awareness of social identity. Victims and perpetrators from social categories of gender, ethnicity or profession has outcasts.Harijan as a term was popularized by M K Gandhi in around 1932 to which Ambedkar objected as he found it as a reference to an untouchable. From the dalit is a sentiment which is self chosen while scheduled caste and tribe have reference to those for whom affirmative action by government is made available. State of Madras versus Champakam Dorairajan, AIR 1951 SC 226 had led to first Amendment of the Constitution of India and affirmative action for advancement of economically and socially backward classes, scheduled castes and scheduled tribes could be done. Political equality was not sufficient but economic equality had to be achieved. Wealth and income equality through unequal job opportunities and education were the concerns, AIR 1986 SC 733 Soosai versus Union Of India had to deal with issue of conversion from one religion to another by a SC person and its effect on availing the benefit of job reservation. Continuation of reservation and its social consequences seem to be hardening the attitude towards it. Job reservation as perpetual entitlement and perpetuation of reservation benefits across generations even for those who have gained a social position through powerful posts in bureaucracy, and politics raises questions about the duration and necessity of reservation policies. Mobilization of castes for political gains is very common. Though some states have reservation in the lower judiciary but the notion of reservation is anathema to the judiciary. Caste based reservation in education could create more equality but in jobs and services it is apparently a distribution of spoils on the basis of population size. Income based reservation has not received. Identifying the creamy layer when reservations were extended to OBC category jas also not gone well with caste based politics.The support in the expanding reservation net to others continue.. The 7 Judges on 1 August 2024 in permitting sub classification within Scheduled Caste to give seperate quotas for more backward amidst them on July 2024 had Justice Pankaj Mithal and Justice Satish Chandra Sharma holding the view that reservation should be limited to one generation. The first generation having reached a higher status through reservation, the second generation should not be entitled to it(thenewsminute.com).
The judiciary is often criticized for not giving fair representation to various sections of the society, the Indian populace has repeatedly expressed faith in the Indian Judiciary. It would be unfair to criticize the Indian Judiciary on the ground of caste or class bias in its pronouncements. An elitist or oligarchy trend could be a topic of discussion. Career judges treating their posts as a means of economic upliftment and enrichment has seen many allegations of financial irregularities and acts of corruption being detected. The most recent is that when a fire broke out at the official residence of a Delhi High Court Judge Mr. Justice Yashwant Varma, a huge pile of unaccounted cash was recovered. On 14 March 2025 a fire broke out at the official residence and female inmates called the fire Brigade. On arrival they recovered about 15 Crore Rupees from amidst the rubble of the fire. It took about one week for the information to become public (Times Of India 21 March 2025). It was handled with merely a transfer to parent Court viz. Allahabad High Court by the Collegium of Supreme Court in an emergency meeting. This evoked a response from the Allahabad High Court Bar Association that their Court is not a garbage bin even though he was initially appointed as additional Judge in Allahabad High Court on 13 October 2014 and made permanent judge in 1 February 2016. Interestingly Mr. Justice D Y Chandrachud was Chief Justice of Allahabad High Court from 31/10/2013 to 12/05/2016. It can be said he is the sole individual behind all that is wrong but an entire system which tried to cover it up but had to respond when the incident had become publicly known. Cover up suspicion grew as the Delhi Fire Department Chief came up with a public statement that no cash had been recovered in the evening after a whole day furious debates on TV shows and commentary by international Indian lawyers. Most of these senior designated lawyers appearing on TV shows as responsible citizens presented the view that they had beat the system due to sheer merit. Mr. Justice Sanjeev Khanna’s tenure is known for more things. On 5 the December 2024 he ensured elevation of Mr. Justice Manmohan of Delhi High Court to Supreme Court. This Mr. Justice Manmohan designated 75 lawyers Senior Advocates a day earlier. This was challenged in Supreme Court of India. Mr. Justice Khanna himself designated an equal number of lawyers within a week of his taking over as Chief Justice. Unfortunately a fire broke out in the bunglow on 2025. Probably a new team of middle men were involved. As a revolutionary chief Justice Khanna did not permit lodging of criminal case against unknown miscreants. Yet the controversy seemed to grow. Evidence also of burnt notes in the garbage by municipal workers removing garbage in adjoining lane also became known. As the media started snooping it came to be known that Mr. Justice Yashwant Varma was named in an FIR of a CBI case of 2018 of Simbhaoli Sugar Mill Bank Fraud Case as Executive Director of the Company also (NDTV, 22 March 2025). This case was closed and CBI investigating by the Supreme Court by order dated 18 March 2024 in SLP( (C) Nos. 4092/2024 by a bench comprising Mr Justice Dhananjay Y Chandrachud( CJI, Mr. Justice J. B. Pardiwala and Mr.Justice Manoj Mishra. Mr Chandrachud appears to be his biggest protector. Amidst growing furore, the Supreme Court itself made a remark that rumours are being spread, but no action on the newspaper which published it for the first time. More curious is the lack of any information about what the report of the Enquiry report from Chief Justice of Delhi High Court. As pressure mounted, the report was made public on 23 March 2025 with video of huge amount of currency some half burnt along with setting up a three judges enquiry committee. The silence between 14 March 2025 to 22 March 2025 of the Supreme Court raises suspicion. The Chief Justice Delhi High Court had got to know of the incident on 15 th. The controversy became uglier with the stand by Supreme Court that proposal of his transfer back to Allahabad High Court made on 20 March 2025 was not related to to the incident!. A detailed time line was published in (Indian Express on 23 March 2025. Even more curious twist of events took place with Mr. Justice Sanjiv Khanna led collegium made a proposal to repatriate Mr. Justice Yashwant Varma to Allahabad High Court mentioning meetings dated 20 and 24 Match 2025. Blatant coverup attempt, the non sealing of the place of the occurrence by the Police for more than 12 days, removal of the burnt cash from the place of occurrence on 15 March 2025, pressure kept building for at least lodging a formal First Information Report. Intriguing role of a mystery woman who arrived just after the fire and that she received police assistance in removing both burnt and unburnt currency notes from the storeroom raised questions ( Mathrubhumi News, News 28 March 2025). It was decided and notice was issued that Delhi High Court would rehear 52 cases heard by bench comprising Justice Yashwant Varma by a new bench ( timesofindia.indiatimes 22 April 2025) makes it appear that everyone has moved on ready to forgive and forget. Much more can be said about the goings on in Delhi High Court as in the case of Justice Shamit Mukherjee. The CBI while investigating a builder in multi crore rupee scam involving DDA came across phone recordings of This judge with one lawyer by the name of Anshu Agarwal demanding Japanese Samosa( code word for women). This judge had been custody for a week by the CBI( 23 May 2003,frontline.the hindu. com)
Using chaos strategy as a source of power? Mr. Narendra Modi was performing Ganesh Puja at Mr. Chandrachud’s official residence in 2024. As a pillar of democracy any failing on its part to live upto expectations would be detrimental. The apex Court is not merely a Court of law but also a court of justice. To turn into an instrument of oppression requires complicity. Yet tyranny of the unelected through judicial perversion through the doctrine of inherent powers has been criticized. Judgements as in All India Judges Association versus Union of India in W. P{Civil) 643 of 2015 dated 19 May 2015 where Supreme Court directed pay hike for subordinate judiciary rests on a presumption of sovereignty being passed on from sovereign state to one of it’s wings. Sovereignty sharing with external forces in fragile states with governance gaps(Sovereignty sharing in Fragile States: John D. Ciorciari, Stanford University Press) is actually emergence of irreparable cracks in rule of law if external forces are not involved.
The case in WP(Crl) 176 of 2017 Kamini Jaiswal Versus Union Of India and the WP(Crl) 169 of 2017 Campaign for Judicial Accountability and Reforms Versus Union Of India revolved around inquiry into matter of alleged conspiracy and payment of bribes for procuring a favorable order in a matter pending before the Supreme Court. No aspersion against any particular judge was being made. The cases were stonewalled. The interests of international partners of national elites and the interests of the national elite diverge from those of the general people. Sovereignty sharing is to be consensual and not an incursion in domestic sovereignty and shifting the locus of government decison making power. Freedom implying exercising free will independent id the ability to do so without fear repercussion being self dependent. Then freedom to do things in absence of oppression and coercion is within the borders of abilities and what independence gives without external assistance.
Struggle for political independence as conflict/peace confirm sub game in World War game theoretic frame which is a controversial way of looking at the narrative of freedom struggle without freedom of thought and expression. Game theory application to war and conflict has various models. Non cooperation game models conflict situations and at a macro level Indians wanted to be their own countries agents and decision makers for payoffs rather than British to be the agent. The discriminatory colonial period had been oppressive and caused collective identity trauma. The freedom struggle from 1919 -1947 was non violent with non cooperation and as a independence movement it had the aim of ending British rule from India.There were to be no external institution to enforce agreements. It is competitive at microeconomic and macro levels in strategic interdependency and payoff of political freedom is a function of independence movement. Such a game in defence scenarios with values of targets, value of resources and priority of objectives in global conflict.For control of global captive markets and trade with economic resources of the colony used to perpetuate the system with gain to colonial power is putting it in a historical context. Hostile players in post modern types of modelled warfare of command and control perpendicularity, resource allocation as time dependent flow from unknotted Delta loops and information allocation in simultaneous and sequential games which are post modern 0 or non 0 games in complex interactions tending to iteration of unstable sub optima equilibrium to optimal equilibrium with predetermined criteria in different scenario in struggle for independence is debatable. Competitive strategies can be offensive and defensive strategies in uniform field / ring is idealistic while fluidity due to continuum gives shifting center of mass which may lie outside the body. The purpose of defensive strategy is to retain and protect the competitive advantage and to counter offensive competitive strategies while offensive strategy actively pursue changes to stay ahead in the completion. The end of British Raj in respect of colonial control and Indian nationalist movement seeking independence could ne seen in this backdrop of World War II.
The employees of East India Company becoming the framework of the Civil services under the British rule whose colonial nature of unchallenged authority and elitism continued in post independence India and leaves much to be desired.The elitist bureaucracy ran the license permit Raj in the Nehruvian socialism. The dangerous relationship between political leaders and bureaucracy also started criminalization of politics started in 1970’s. The National Police Commission noted in 1977 that influence of muscle power in elections and gaining vote bank in the constituency was of great concern. Majority of voters were manoeuvred and criminals were being given cabinet berths because their money and muscle power fetched votes. More and more criminals started entering politics. Powerful mafia gangs of the underworld took more control. Statistics shows chances of winning elections in 16 Lok Sabha were 13% for a person with criminal cases as compared to 5% of those with clean record. (Association for Democratic Reforms) A strong public opinion against such tendency is a post independence development.
The recent verdict that a wrong take on UK law led to a faulty judgement on prosecution of politicians for corrupt practices( Times of India 5 March 2024) The judiciary has always made a strong case for its own independence (The Indian Express 5 March 2024). But it holds that Parliament is not the sole judge of of its privileges. The 7 judges bench overruling the earlier judgment on Article 105(2) which kept parliamentary privileges like speech and voting in Parliament out of purview of the courts on grounds of probity in public life blanket immunity it overruled the earlier Judgement in Jharkhand Mukti Morcha bribery case involving P V Narsimha Rao( Criminal Appeal 451 of 2019) reads like a text book on Parliamentary Privileges ). Copious citations from UK, USA, Australian and Canadian trends in development of the idea do not dilute the deception of playing with mass sentiments and psychology in trying to emerge as the champion of probity in public life. The Constitution Bench held that the majority judgement given earlier had given a very wide interpretation. Acts which were committed outside Parliament even for voting inside are not covered. An uncalled for comment is being made here in criticism of the judgment that the Amicus who was not confirmed as a permanent Judge of Punjab High Court due to unverified allegations of lack in probity in public life himself, had made everyone realize the mistake in previous judgment.
Similarly the Supreme Court overturning in April 2024 it’s 19 September 2021 order by a bench of Justice L Nageshwar Rao and Justice S R Bhat( 2022(1) SCC 131)upholding Arbitral Award of whopping Rupees 2782 Crore allong with accruing interest in favour of Reliance Infrastructure of Anil Ambani in a Curative Petion by a CJI lead bench (Times of India,11 April 2024) raises a question as to how the previous order was pervert to exercise the extraordinary curative power even after the Review petition had also been dismissed after a month ago of passing of the order in 2021.The concept of curative petition after review is a construct from a judgment in Rupa Ashok Hurra versus Ashok Hurra(2002) which has a condition that the petitioner must establish bias of the judge and judgment as one of the grounds. However, the CJI led bench seemed to have extended the scope of Curative Petition even further by just mentioning an error of facts as law. This had lead to criticism that this lack of finality and ping pong in judicial decisions is damaging. Mr.Justice L Nageshwar Rao, directly elevated as a Judge Supreme Court from the Bar in 2016, is currently involved with the International Arbitration and Mediation Center at Hyderabad, Telangana, established in 2019 and said to be the fourth such center after Dubai, London and Singapore.
Politicians in collaboration with corrupt bureaucrats having distorted the democratic process is known. A 2012 report by Political and Economic Risk Consultancy of Hong Kong classified India’s bureaucracy as the worst in Asia with a 9.21 rating. 484 charges and complaints in 2016-17, 633 in 2017-18, 643 complaints in 2018-19 and 753 complaints against IAS officers were received in 2019 -20 as stated by the Minister of State for Personnel in the Parliament in March 2021.(Mint). It was around 581 in 2020-21.As far as the judiciary is concerned around 1,631 complaints in the last five years were recieved about the functioning and judicial corruption and forwarded to Chief Justice of India and Chief Justices of the concerned High Courts as stated by Law Minister Kiren Rijiju to the Parliament in March 2022. A Right to Information Act petition brought out the fact that in 2024 only 13℅ of Judges have disclosed their property in public domain. The Parliamentary Panel asking the government to bring law to make it mandatory for judges to disclose assets annually ( The Economic Times 07 August 2024) shows the immensity of the problem.
The In -House Procedure for suitable remedial action against Judges who do not follow universally accepted values of judicial life in discharge of judicial functions and conduct outside Court as stated in Restatement of Values of Judicial Life dated 31 October 1997 make it peer review and not by an external agency in the name of independence of judiciary. The Justice S C Agrawal, Justice Adarsh Sein Anand, Justice S P Bharucha, Justice Prabha Shanker Mishra, Justice Deb Pratap Mohapatra Committee’s Report on On House Procedure was unanimously adopted by Supreme Court of India Full Court on 15 December 1999. The Full Court adopted a resolution that declaration of assets by Judges to be voluntary ? and be given to the Chief Justice. No information about assets of the judges, no information about the reasons and discussion in the collegium except skeleton notes. Substantial politics took place in between this period and Presidential Reference had to made due to supersession of judges. Mr. Justice Anand had his share of controversies and four serious charges of corruption as stated by Tehelka(19 February 2014, web. archive. org) as land for favourable judgement in case of one Krishna Kumar Amla, using influence to take government land, abetting his family members on false averments in a civil suit in Madhya Pradesh, using office to get land allotted in Jammu and Kashmir at a small fraction of market price, age controversy about reducing age. Ugly controversies like Mysore Sex Scandal involving several Karnataka High Court Judges ( IB Mysore Sex Scandal, Times of India,30, November 2002).Allegations of sexual harassment against Justice J N Bhatt’s as Chief Justice Patna High Court followed with similar allegations against Justice Ranjan Gogoi, Justice A K Ganguly and some more Supreme Court of India judges made headlines. Sexual Harassment charges levelled against Ranjan Gogoi in 2019 were handled in an opaque manner by the In House Committee. This Ranjan Gogoi initially sought sitting on the charge against him before yielding to a Committee. Now he is made Rajya Sabha, MP by BJP.In another instance, allegations levelled against Justice N V Ramana( a direct relative of Chandrababu Naidu, CM AP, an ally of BJP) by former Chief Minister Jagmohan Reddy was disposed of by an In House Committe, the report of which was never made public( The Wire Analysis, 24 March 2025).
Approximately 1-2 years time is required for appointment as a metropolitan magistrate, 1 year for additional district judge from the moment of advertising the vacancy, 6 months for appointment of High Court Judge from time of recommendation, and 1 day as appointment of supreme court judge without any calling of public opinion. For designation as elite senior advocate, in changed circumstances after 2018 it is 3 years unless a sitting judge recommends. Why someone would not take a name of a person to exert control or power or to distance himself from the person has an equating reason for taking a name.Rules were altered and marks for publication reduced and for the marks for number of years of practice were altered. The Supreme Court of India was unable to devise proper rules. The controversial system raised flak again that in a flight of activity Mr. Justice Chandrachud led Court conferred these so called honours in January,Mar h, May,13 August 2024 leading to Mt. Kapil Sibbal and Solicitor General Tushar Mehta meeting the CJI seeking revisiting the SC judgement on the issue. Situation did not change under Mr. Justice Sanjiv Khanna when he took over in November 2024 and within weeks designated around 40 as Senior Advocates bringing the total number of designations to above 200 between 2019- 2024. Political Party connections of lawyers, particularly those in active politics has been a great leverage point.
In a turnaround if done by any other constitutional body the Supreme Court of India is quick to judge it and call it incompetence, abuse of power, malafide corrupt with the intention to benefit some individuals and set it aside. Being quick to judge others they are intolerant to being judged on their own actions. The same standards of behaviour seems not to apply to them and it is not improbable that their actions could draw simiThear commentz. Removal of Judges has been more difficult Impeachment proceedings against SC under Article 124 or HC Judges under Article 217 for removal were initiated against V Ramaswami J, in 1993, Soumitra Sen J in 2011, J B Pardiwala J in 2015, C. V. Nagarjuna J in 2017,Dipak Misra CJI in 2018 while P D Dinakaran resigned in 2011 before impeachment proceedings could be initiated in the multiple times of sought impeachment in Indian history. It is unfortunate that Kiren Rijiju was shifted from the Law ministry when he took a stand against the Collegium and double standards in Supreme Court Judgements.
Assertion of independence by judiciary in post india with a democratic setup is relevant case study.Seperation of powers is apparently as independence. Judicial accountability has been a major issue. Neither the public nor the executive and legislature hold the judiciary democratically accountable. Accountability and brokerage particularly when social brokers are being giving preferred entry in oligarchic elite groups to play a crucial link between isolated groups or individuals so that access to goods services, information, position in society is enabled is applicable to a distorted independent judiciary.
Brokerage for intermediary services and facilitating transactions has vey negative connotations if institutions like judiciary is in their grip. Relationship advice, introductions, building relationship and capacity, transactions is often associated with fraud and corruption, It is not leading to trusted and transparent government decisions. Effective brokerage requires a pluralistic evidence synthesis and formulation of options. A discriminatory system of creation of categories amongst lawyers introduced by a statutory amendment which uses the term grant of favour by the court as a designated Senior Advocate which brings monetary benefits and elevation as judge opportunities has been created in Indian system. A method of signalling to litigants about which lawyer to engage through the method of Senior Advocate designations has resulted in the grossest manipulation. Around 50 advocates were granted this favour in the end of 2018, around 50 in 2021, and then around 50 in January 2024 and 50 in August 2024 with supplementary additions in March and May. Neither publications, nor lectures or appearing as arguing counsels work. Some sort of market system has evolved during this period in highly discriminatory and unjustified system for other lawyers. It is a very disconcerting to get to know that many of the Senior Advocates have people working on Commission basis scouting the park inside the campus of the Supreme Court of India beside the UCO Bank Branch for random litigants and potential clients from those who are waiting there for their own lawyers chambers to open.
Suo motu cognizance of cases and appointment of amicus to assist the court could be interpreted as fraud on power or outright deception. This kind of criticism of 2024 order by Justice B V Nagarathna and Justice Sanjay Karol in case where on High Court’s recommendation that their work was not satisfactory, six women judges of subordinate judiciary were removed by Madhya Pradesh High Court. The Court took suo moto cognizance, issued notice to Registrar of High Court and appointed Gaurav Agarwal as Amicus( The New Indian Express 2 February 2024). He was the top selection for grant of favour of Senior Designation in the list of 19 January 2024.This Gaurav Agarwal, first name in the list of Senior designations of January 2024 was office junior to Mr Justice U U Lalit who himself had been preferred amicus in all fields of law by Supreme Court of India Judges. But this cannot be a criticism. Mr. Gaurav Agarwal’ s father Nawal Agarwal had to withdraw his consent for appointment as judge of Patna High Court due to allegations of moral turpitude and much later faced inquiry for misleading court for bail in a narcotics case.( Forgery Case: Action Sought Against Lawyer, 15/ February 2017, The Times Of India) According to the report Senior Advocate N K Agarwal,the son of Late Mr. S K Agarwal Ex Chief Justice Orissa High Court, and Nandu, a clerk are accused in the FIR lodged by CBI in October 2016 concerning drug peddlers in which bail was taken from the Court of Mr. Justice Shivaji Pandey by forging FIR understand NDPS act). This fact concerns the father and not the son. Mr. Gaurav Agarwal is internationally well known for his book on Supreme Court Rules, practice and procedure, co- authored with Mr. Raju Ramchandran. The book is an upgraded version of the earlier print by one another person coincidently also named B D Aggarwala. This cannot be a criticism but is merely a reiteration of surrounding facts. Emergence of super lawyers for conspiratorial elevations to bench and grant of other privileges through preferred amicus system could be counter productive.Coordinated judicial lobbying through amicus briefs, anonymously funded briefs, raises ethical issues(www.yalelawjournal.24/10/2021).Epistolae familiares as familiar letters of certain ingenious homo et amicus ( Petrarch) or some sort of modern scholar and the letter to posterity, yet hiding it from critics in sealed covers in an onset of dementia is controversial.Even in recent past the Solicitor General of India, Tushar Mehta had to urge the Supreme Court of India to demarcate the role of amicus curiae( The Hindu, , 27 March 2021). An equally interesting name in the designation list of January 2024 is the last name of Ardhendu Mauli Prasad son of Ex Justice C K Prasad of Supreme Court of India. In a mysterious development, the full court on 6 March 2024 six more people were designed Senior Advocate and vide Notice dated 14 March 2024 fresh applications were called for relaxing rule 19, 20 asking names deferred to apply afresh by April and those whose names did not find favour of full court to apply after a year rather than after two years. In November 26-27 some were asked to take back the paper-books of application by October 18?(not possible) and Mr. Justice Sanjiv Khanna becoming Chief Justice in mid November 2024 designated 45 more persons as Senior and super lawyers.
Lobbying is peaked with behind scene manipulation.Undisclosed judicial branch lobbying and dark money interests undermine democracy. It is an admitted state of affairs that amicus briefs are a lobbying tool for interest groups. Unscrupulous litigants find new opportunities to buckle the system.The way the Supreme Court Registry works has been criticized for long, repeated mysterious irregularities in listing of cases particularly high stakes cases have led to concern over years from many lawyers(Scroll.in 5/2/2024).
Powerbrokers are ancillary participants as consultant, attorneys but can influence people in gaining power through contact, manage eligibility criteria and silence dissenting voices, the lower power brokers know how the government machinery works and have proximity to kith and kin of officials in brokered social context.Power broker who maybe a public figure would then be an individual who is able to influence the decision of other parties through personal and professional connections rather than public means. They can effectively lobby for a particular decision. The sphere of influence where their connections exist means they can attract others into their sphere with their knowledge or personality which makes them gain influence and status. The non technical sources of authority and prestige are less valued in scientific community and legal fraternity. Opportunity to control information is of great concern. Liaison brokerage in connecting two disparate groups is different from the itnerant brokerage as a consultancy. Acting as coordinator and gatekeeping at entry level it takes a different connotation.Influence peddling as a form of use of position or political influence to obtain favours and preferential treatment for another is often associated with return for payment. Reciprocity in exchange of favours particularly in hierarchical groups there maybe a passage of time in one individuals actions from the other individuals reciprocating action. The individual performing favour does not decide when to perform a favour endogenously but it is determined when the other individual needs a specific favour at a time. Chance decides which favours are needed at a given time and which in the future.( Journal of Economic Behaviour &Org 39, 1999). When opportunities to perform favours arise and what favours are performed, chance plays a larger role on favour exchange than gift exchange as the favour owed party may not be in a need for favour at a particular time.
Justice Chandramauli Kumar Prasad’s son Ardhendu Mauli Prasad designation as Senior Advocate in January 2024, the last name in the list of Senior Designations of 2024 has insinuations being made of long term manipulative tendencies and opportunism in the current dystopic scenario. Mr. Justice Chandramauli Kumar Prasad has been a controversial person from earlier as far as back as 1987 when he faced contempt proceeding in Patna High Court in Anand Bazar Patrika case about which he nursed a personal grudge against the judges, his elevation at the time Lalu Prasad Yadav chief ministership and his activities in Patna Golf Club. The government returning the recommendation of his name for elevation to Supreme Court from the post of Chief Justice of Allahabad as recommended by the collegium by President Pratibha Patil on allegations of corruption. The collegium did not even bother to enquire but reiterated his name. ( Justice,Judocracy and Democracy: Boundaries and Breaches,Sudhanshu Ranjan, Routledge). At the time of his appointment as Chairman Press Council of India serious objection were raised about the use of his official position as judge ( http://www.bhadas4media, com 28 November 2014) but he was not only appointed but given extension in 2018. His son benefitted from dispensations from each BJP led state government’s from across the country.
Games are played out with a conspiratorial tone. Analyzing strategic actions resulting from expected behaviour of others and collective decision making with uncertainty measures, risk measures and expectation measures by applying game theory is insightful. A quantun mechanics and psychology intersection gives insight about cognition,emotion consciousness and mindset. The electromagnetic field in perpendicular relationship in space like unit sphere like of quantun field which also carries energy in a convoluted six layered surface with intrinsic curvature anatomy is a pre requisite. Brain wave states range from high amplitude low frequency to low amplitude high frequency. The rhythmic and repetitive patterns of neural activity is oscillatory either as individual neurons or interaction by neurons. Neural ensembles as locally synchronized firing patterns give rise to macroscopic oscillations observable in brain imaging characterized by frequency, amplitude and phase.Beside local synchronization distant neural singly or ensemble occurs. Neural synchronization are modulated by task constraints and neural circuit geometries aris. Differentiate cognitive function and entropy relations to neural isolation are indicators of impairment.Sub threshold membrane potential oscillations are resonance behaviours that do not result in action potentials. Spike trains involved in synchronization in time frequency series and neural circuitry has a continuumj limit. Holding amplitudes constant for 0 to 1 circular phase for δ spike at spur of moment also has to account for events that do not form evoked potential) evoked fields or induced activity. Neuronal ensemble may change the overall frequency and amplitude modulation as also phase resetting.Evoked activity is independent of ongoing brain activity while event related potentials are phase locked.While δ frequency band with greatest amplitude and lowest frequency is associated with sleep but it does not go down to 0 which is brain dead, Deep dreamless sleep is the lowest frequency. θ frequency band is deeply relaxed and inward focussed with lesser amplitude and higher frequency as compared to δ frequency brain wave, Similar amplitude and frequency relationship for other brain waves, α frequency band is relaxed passive attention, β frequency band anxiety dominant, active external attention and γ frequency band is of concentration of brain waves depending on the oscillation rate and finite neuronal firing. Brain waves in coherent superposition of an individual synchronize on social and other interaction and wave collapse of certain frequency bands and amplitude death as quantun collapse for decoherence in decision making and action is decoherence in a background of incoherent neuronal noise. The conscious experience of the observer has unconscious games which players as individual are not aware of even in ulterior transactions at the psychological level. Quantum neuroscience possibly brings 86 billion neurons and 242 trillion synapses ( Quantum Computing for the Brain, World Scientific) and nine quadrillion states under cloud computing with standardized neural circuits in wave function model. Complex behaviour spanning several orders of magnitude from the atomic and cellular levels to brain networks with degrees of freedom and specific degree of viscosity of space and time, there are also potential quantum effects. The conjectural quantum like activity in the brain tends to be deterministic only when all possible selves and possible worlds are accessible. Sudden burst or cascade of energy and sudden emergence of new probability like ( Kolmogorov type probability formulations) from collapse of distant quantum states or from other (dark energy) sources increase uncertainty relationships.
Mind Games are passive aggressive behaviour and the manipulation in interaction, relationships and negotiations. Introduction of abhorrent methods of torture in a psychological and physiological continuum, it alters the brain from adaptive range of functions. It has been found that it fails reliable and replicable information discovery as it assaults integrated psychological neural functioning . The requirement of a cultural shift and recognition that it does not facilitate investigation and truth finding rather degrades signal to noise ratio. Developing active collaborators and informers through methods of isolation, forced helplessness in control and altering over surrounding and altering belief ( The Manipulation of Human Behavior, Ed. Albert D Biderman and Herbert Zimmer, 1961 John Wiley&Sons) insidiously through reward/ award of designations which bring monetary benefits is used more on prisoners of war. Prisoner and detainee interrogation rather uses prisoners dilemma when more than one individual are involved. The organized series of ulterior transactions at social and psychological level, games of degree of consequences and class of actions. Ecologically rational consistency in stream of conscious experience is assumed. Is the Indian Judiciary at war?.
The quantum game theory and unlikely existence of non rotating singularities in time independent flows in nuclear democracy of quantum physics could be applied to the Judicial system. Decision making as two phase process of evaluation and selection, the objective uncertain natural state is represented by superposition of all possible states as q(j) where players subjectively choose an action a(j) the undecided decision state is superposition of all possible actions. The dimension inner product space needs to have the property of completeness, closure and geometric continuity. A pre space condition with seperation property as topological space where two distinct accumulation points can be seperated by disjoint open sets do that p and q are seperate. with neighbourhoods without common points. The quantum expected value represented in a decision value matrix depends both on state of nature and choice. Eigen state of a quantized dynamic system with a variable defining the state acquiring a determined value as a plane wave spread out in space being eigen state of the momentum operator, it contains all the eigen states of the position operator.The position operator is then completely uncertain.The energy eigen value (stretch) shrink factor) corresponds to an observable physical quantity. Eigen values aer then, set of scalars used to transform eigen vector. The prefix eigen referring to own, proper or characteristic, eigen vectors only stretches or shrinks while linear transformations rotates, stretches or shears vectors upon which it acts.Eigen vectors do not change direction when any linear transformation is applied. The equation of information energy operator and a final decision is a projection measurement. At micro nuclear levels from alternative gradient synchronization of groups to cyclotron conformality to deep descent resonator activity are studied independently. The accelerated mass of knowledge as mental force in mind space and mental state’s needs quadrature of a space like sphere of intelligence as mental power being involved in a quantum game as quantum mind.
Ignoring gambling games as roulette with betting or potentially lethal games like Russian roulette with bullets in six chambers of a gun, a real life application of game theories can be described. Players making decisions based on expected outcomes of their strategies are part of game in interpretation of utility functions. A randomly repeated classical 0 sum game with distinction between gift and favours is often in terms of when to deny a rival or threat a chance to avail an opportunity to arise in near future or providing a favour to the chosen.One to one relationship may not be necessary. A neo classical three person 0 sum game instead of two persons in antagonism of interests in loss or benefits shared by two opposing players with parallelism of interests has many applications. The change in values being 0 in a modified neo classical 0 sum game, instead of removing a threat or rival random repetitions have 0 change in values but no general equilibrium rather only unstable sub optimal equilibriums in repetition. Decision dilemma in neo classical 0 sum or non 0 sum game as of betrayal or cooperation as in prisoner’s dilemma are logical extension as the optimal outcome for one is the worst outcome for other in conspiratorial guilt or activity acceptance. Universal solution like avoiding where there are no sub optimal equilibrium still does not prove existence of unique strategies.If the game is not randomly repeated then it is conspiratorial/ manipulative. As a multiplayer additive loading neo classical unity 1 sum game with perpendicularity of force and choices of unity scenes , loading additive social values or scenes, number of players are added who add their own scene while other players use their own scene. Social trap is the conflict of interest or perverse incentives where individual or groups act to obtain short term individual gains which in the long run results in a loss to the group sd a whole. Accomodating several users there is a network where perpendicularity of force interacting is photonic an empty player and hierarchy of unity is found as in-game. 0 sum as a stalemate rather than a occurring gain or loss is feasibility.A neo classical non zero sum game where one decision maker’s gain or loss does not lead to loss or gain of others has random trajectories in random repetition is more akin to a game where total resources or benefits are not fixed while as a pure game of chance it is a formalism of one player games against nature.Binary fixed values of 0 or 1 bits of classical and neo classical versions has lead to simulations through artificial intelligence.
Implementation of uniformly random strategy would become iterated infinite game or a random choice. Hence there are imperfections in its implementation besides the game comes to a stop after a finite number of plays. Uncertainty quantification .and ignoring non geometric uncertainties and there not being a single source of uncertainty given the instability of sub optimal equilibrium a situation of random payoffs with unknown probability distribution may arise.
However, post modern quantum game based on principles of quantum physics with superpositioning with quantum resources rather than classical resources, quantum information and it’s inherent uncertainty for m state quantum object with respect to orthogonal basis of CP and a unitarity function Q has both cooperative and noncooperative solutions with quantum entanglement and probability flux. The multiple sub optimal equilibrium gives way to quasi equilibrium and has no given strategic choice of other player hence only a best response in finite game. The set of probability distributions for n players with ecological rationality due to quantum entanglement of initial states and superposed initial states over which superpositioning of strategies is done in probability by choice with an equilibrium strategy with dominant outcomes. The indefinite state when no mind is present to observe an experiment, correlations are withheld as in photons are passed and absorbed and remain in that state. None of possible minds or wave function states correspond to non correlated results till an observer is introduced. For two observers their minds are in a state of wave function that gets expected results but individually their results are different. A quantum non locality after different polarizers gives many worlds interpretation where there is no wave function collapse and there is physical realization of measurements in some world or universe.
Subjective wave function collapse in quantum decoherence on forced or conversion of a quantum probabilistic or potential state into a definitely measured value as eigen state pinning down, as l, m, n with orbital generalized number, m1 magnetic and m2 spin generalized and n as principal generalized for λ, μ, υ where quantum mechanics is in terms of generalized coordinate of p, q, r having time evolution p or has no time dependence for generalized coordinates of L which is conserved with r which maybe a fixed parameter in atomic theory. The δ on the horizontal axis( akin to case of Fermi sea and Dirac sea for singularities beyond) or be an exchange hole and the δ between horizontal and vertical axis has a singularity which can in some cases be an exchange hole due to cancellation, Random multiplication of singularities and hole in extended continuity with gaps along the two δ’s gives differring spins for them on a rotation and ergodicity breaking where spin symmetry becomes tested. For reduced wavelength instead of all possible wavelengths the it can form a genus surface(.Quantum turbulence in a chaotic tangle of vortex lines with highly knotted topology at l scale leading to a small polarisation of vortex lines allowing stretching required to sustain an energy cascade. ( Akin to Kolmogorov Cascade). While quantum chaos in non linear dynamics leads to even the trajectories of deterministic motion of equation becoming random and unpredictable. Reference trajectories ξ=dq, η=dp as f dimensional are with λ exponent and μ is the accuracy of recording the trajectory for r the random parameter. Trajectories wind around f torus with f discrete frequencies from mixing clouds of points and nearby points separate out linearly . Topological order as 0 temperature phase of matter macroscopic quantum phenomenon is in superfluidity with 0 viscosity and flows without loss of kinetic energy and super conductivity where electrical resistance vanishes and magnetic fields are expelled from the material.
Spinors which are vector like and isotropic twistors occur naturally in representation of certain symmetry groups and rotation groups and reversals on reflections, particularly product of two reflections, right hand spinors play a role in Rⁿ . Quantum symmetry groups of finite spaces has trace invariants but are dependent on irrational value of π in the morphisms and transformation groups. Commutative groups and non commutative groups and possibility of invariance under change of scale( gauge) where curl vanishes leads to postulates about invariance.Deformation quantization(X, {-,-}) as non commutative algebra with adjusted scale constant. They also cause geometric deformations on which neo classical chaos theory is based in terms of increased senstivity to initial conditions.Degree of chaos depending both on both energy of the initial state as well as the potential well could have left hand deformations only as fractional q in geometrical continuity curve which has gaps filled with surreals. Quantum discontinuity makes s case for blackbody by ∧ particularly for massive spin like -3/2 and distinguishing long term from short term resonance. The loss quantum memory in twisted sphere geometry Sⁿ twisted upon itself so that parts of the sphere falls on the remaining parts gives scope for derived information in quantum chaos. Entropy definition quantifying the amount of randomness or uncertainty in state of a system is modified from phase space to quantum entropy exploiting continuity, boundaries as function of amplitudes in operator MD space or real inner product function space and the trace inequalities of trace operators ∥ v ∥Lp (∂Ω) with geometry of dropping of altitude from vertex to foot as a constant distance(space) from geometric barycentric subdivision of triangles (akin to analysis in Sobolev space and Lyapunov functions for the trace inequalities) in retrace with the distance kept as stressed constant. This quantifies the amount of information present in a system and amount of correlation between quantum systems. Non tracial space still exists along with the problem of observables and non observables . Non associative structures are hidden and cannot be found experimentally. Speculation about keeping the non associative parts one can unify more forces( as non perturbative strong force could be possible or un-observability of individual quarks results from non associative non observable operators as there are postulated doubly neutral non zero scalar giving a quark( the recently renamed Higgs quark, Higgs field in revision with much fanfare and of a postulated neutral non zero scalar particle called God particle Higgs Boson without specifying threshold limits of observables and outcomes ).
From the scalar dot product the first vector as the gradient V(x) pointing always in the direction of the largest rise in V(x) again extends continuity with gaps till the stage of continuously differentiable function in origin’s neighbourhood. Singularities in past causality of space time gravitational singularities aka black holes and different levels of singularities in random multiplication also occur in hyper-entangled spatial regions and a drifting blackhole due to boundary conditions and finite number of discontinuities or finite maxima minima for transformed space ∫ -∞+∞.The norm of vector space with a metric which arises from sub space and measures the vector length as well as distance between vectors and can be extended over the whole space is the next problem. Macroscopic states thermodynamic properties consistent with the possible microscopic states is also a measure of classical entropy from quantum entropy conditions exploiting continuity through stressed constant hole flux to understand disequilibrium. Quantum singularities at microscales with messurements in term of four constants with fermion shrinking under quantum loop gravity looses mass in thermodynamic radiation for 4π as thermal curves are ripped from the torus. Postulate of gradual evaporation of delta singularity shrinking, With an electric charge and angular momentum for a given metric, then in terms of global features of space time viscous continuum disappearing inside a hole (as gaps in the continuum of negative energy states and beta decay) has the thermodynamic effect. The thermodynamic time flow looses viscosity with space at a point through the flux. The macro scale space time gravitational singularity has a radius of the volume of object and limit to compressional deformation involved. Unlikely existence of non rotating space time gravitational singularity( through time independent flows of stationarity) in otherwise empty space with no external matter serving as reference is also to be understood.
In a multi layered grid due to superpositioning like in quantum game moves it becomes possible to share space or movement to occupied space, to occupy more than one square in an instance or move up and down on the grid layers . Collective excitation for n quanta a fermion(1/2 , 3/2 half integer odd spin due to rotational plane of geometrical continuity and Delta loops )single particulate non entangled state is in having at least one property( as spin) being different for each fermion by exclusion principle.Besides horizontal summations vertical summations of time dependent flows enter the game. XYZ formalism to DK mapping optimization is for quantum modes or quantum bits. Instead of fixed value binary 0 and 1 , post modern quantum bits represent both 0 and 1 on superpositioning so probability enters. Coherence quantification by identifying coherence of a state (with respect to measurement) with quantum uncertainty of measurement( with respect to a state) a subtle difference between quantum uncertainty and classical uncertainty is to be drawn. The trade off between measures of uncertainty of two or more variables resulting from their non commutativity exists in quantum game. Decoherence on quantum memory is necessary to deal with paradox of superpositioned value measures as now something can be alive and dead at the same time. The ability of a quantum state to maintain entanglement and superposition being it’s coherent state decoherence is the measurement with possibility of collapse of wave function as the quantum leaks into nature and it turns classical. Decoherence in spontaneous interactions between system and environment has supression of interference effects while decoherence history or consistent histories in time ordered sequence with candidate probabilities the set of histories with their trajectories as if the quantum collapse had occurred at the intermediate times assuming set of orthogonal projections extend consistently so that they need not be stored in seperate degrees of freedom is an assumed measurability as continous measurability( http://www.stanford.edu).Stable structures and robust states trapped in a component of the wave function or localization in random times it experiences collose and analogy in psycho physical parallelism .The problem of restoration of the classical state which is mechanistic and deterministic with classical probabilities requires a cut or wedge.Possible interpretation widen the measurability problem.
The retro causality occuring as future events having effects in the present as boundaries or fitted to past events and the entanglement of two photon as vertical of one bring geometric entanglement with horizontal of other even at great distances along with collapse of superposition on observation and measurement in a game of paradox also has the paradox of break up of superposition when dealing with large objects. A 0 value stalemate or non zero capture with quantum magnitude.
Like in quantum chess 3 or n layered grid with one king, one queen, two knight, two rook, two bishop, eight pawns is a post modern game with up down, sideways, front back, diagonal movements. Several photonic quantum bits as physical quantum bits forming logical bits so that quantum information is not lost even if one quantum bit is lost in quantum optical state is also in use in artificial intelligence game simulation at extremely cold superconductivity temperature which is without energy loss conductance at less than critical temperatures in the present. Development of such computing artificial intelligence at room temperature high temperature superconductivity is underway with fusion of edges as nodes in decision making.
In contrast in nature the holy grail of fusion is very high temperature at least 100 million degree celsius to overcome the energy barrier due to electrostatic interaction that two nuclei need to overcome close enough to undergo nuclear fusion reaction. Quantum game at ambient temperature incorporating both aspects of restarting game with finitude and superconductivity without loss of energy is still being researched.Restriction on formation of non degenerate singularities and it’s possible meaning in terms of manifold as localised deformation or catastrophe on shell quantum action and quasi equilibrium with the formation of event horizon depends on monodromy. Run around a singularity monodromy and lifting of homotopy from a topological space to another as monodromy groupoid bereft of choice of a base point in a field of functions ring brings us to looking at event horizon of the game.As a game of paradox the removal of irrelevant alternatives is necessary. As commutative involves substitution or exchanges or the condition that groups of quantities connected by operators gives the same result whatever the order of quantities involved,quantum probability of non commutative kind is considered. The quantum algorithm includes phase estimation, phase kickback, quantum transform of signal between two different domain as transforming signal from frequency domain to time domain or vice versa as well converting a function into a form that describes original frequencies present in original function, non commutative probability with simultaneous diagonalization, probability amplitude amplification, time quantum/ blocks or time slice.
Grid lattice or mesh is discretisation of geometric domain into polyhedral shapes on aspect ratios of elements. Triangular / tetrahedral mesh for complex geometry and quadrilateral/ hexahedral mesh generation for simple geometry is deployed in contemporary artificial intelligence to explain the interplay while changes in geometry with relativistic properties with existence of inertial frames as a set of coordinates such that origin of two frames coincide. Slices of time line to form polygons are often used to record events. In relativistic theory only motion is quantized along with photons but non relativistic version has a second quantization as canonical occupation number in quantum state version finally leading to indistinguishability except as fermions and bosons with scale factors. Causal structure from manifold with signature (p-1) or (1-q) and time orientability and precursor theories about four vector and gauge fields and gauge symmetries use various types of tensors used I relativistic quantum mechanics where particles are field quanta applicable to massive particles has relativistic relations distinguished where laws of motion are the same in all inertial frames and observer is unable to distinguish motion from stationarity or relativistic where the observer can distinguish. Finite element mesh creation for confidential high energy low energy zones in orthonormal conditions there are discrete local approximations in computational fluid dynamics with stress strain effects on mesh of which planar strain is easier approximation for what is equal charge or equal possibility sphere. Subdivision of near absolute continuity in geometry and connectivity, geometric realization of unstructured mesh where connectivity is irregular, hexahedral grids with spatial twist continuum requires global connectivity and constraint. Most polyhedral cubical mesh are conformal and as adaptive mesh with boundary geometry for a genus surface there is p and r refinement and edge connectivity K( G) ⋜ λ(G) and there is a hole in θk. The problem is self intersecting loops. Access to forbidden regions in quantum tunneling is also known. It’s experimental detection through mutation in genetics has been discovered paving the way for the anthropological mutant as a grandmaster in quantum game theory. .Non relativistic quantum mechanics there is artificial introduction in operator of set of energy eigenvalues as possible outcomes obtainable from aa measurement of a systems total energy to achieve agreement with experimental observation. Difficulty in pure gauge as gauge transformation on null field, chiral anomaly, gauge anomaly and scale anomaly arising because of quantization schemes and quantum amplitudes used, restrictions on degrees of freedom, gradient field where curl vanishes and U(1) gauge symmetry from scale transformation being change of phase , spin lift as class lift of integral classes using spin structure and type of continuity beside geometrical continuity based on limitation of how fast it can change for supercomputing are subtle problems. True stochastic, pure chaos are still unanswered.
In simulation through mesh/ grid when the boundary regions of the flow does not coincide with coordinate lines of the structured grid even when dealing with lumped mass and spherization derived from gross observation of massive object in geometric feasibility as sphere has genus 0, torus has genus 1, A sphere with complex plane wrapped around it with orthogonal (0 , ∞) and( -1 +1) , the 2 sphere with orthogonal pure state state (0,0,1), (0,0-1) in which phase information in qubits is stored or 3 sphere with stereographic projection (-1, 0,0,0) and (1,0,0,0) with grid on surface which is homeomorphic to one point compactification in Rⁿ where n=3, there is inner space and outer space notion along with relativistic notions for micro and macro cosmic scales an approximation is done.Finite difference on a structured grid , it maybe that they are not primary variables but pseudo populations undergo advection and collision and move from one node to another. Population bounce back at the obstacle leading to 0 velocity at the position of the interface.Applying these natural law formulations to human socio political affairs gives a rigour. The surface and mesh deformation send effect on nodes of deontic net/ mesh in social formations effected by decisions but collegium or judgements of the court give a geometric image.
Observations generating distribution of payoffs associated replicator dynamics are mean trajectories and orbits when trade offs of quantum game measurement paradox os known.The quantum probability sphere of genus surface contains angle at which hadron current forms and separates and the angles at which dimensions are added or substracted at edges. Contextual definition of surface as two dimension length and breadth patch is outermost boundary with bulking and coherently controlled spin. It has a tension energy and tendency to minimum area. The spin foam may have a particular direction. As a game of paradox where position exists only when measured and shared reality exists with forbidden angles, the set of all sets becoming larger than itself or smaller than itself the objective quantum collapse once measurement is done is also a shared reality. Simultaneously revealed strategies as in coin toss is different. Each move followed followed by a drawn lottery increases randomness.Probability flux in ecological rationality of eco sphere and psycho sphere from which distinct probabilities in unit spheres would arise by perpendicularity of time dependent flows as dynamic and kinematic along with time independent flows of stationarity is necessary for understanding strategies. Cluster point or accumulation point p∈S for δ>0 probabilities has the property of frequently being found in each neighborhood of the cluster point. As limit points they are approximated by points of S. Dynamics is about how forces affect motion of objects while kinematics is about motion of objects without regard to forces that cause the motion. If each moved is followed by a lottery increasing randomness there are strategies under probability distribution and it’s range makes these a game of probability with a notion of continuity for a probability function. Probability of each strategy is a fraction of a global similar to odds as ratio of probability of an outcome to probability it not occurring with two methods of computing as of in roll of a dice whether 2,4 will turn up out of 6 possibilities or solved 1,3,5 will turn up.A non negative number assigned as power index to each player such that these numbers sum upto 1 in a n player game is power index normalised between 0 to 1.Power index 0 implying coalition has no effect on outcome of the game and a power of 1 means a coalition determines the outcome by its vote.
The power game with a set of rules as democratic process and constitutional frame where the state is the empty / null player with anonymity axiom of collective decision making does not consider existence of oligarchs and elites in a deontic net. The deontic protocols of of organizational deontic nets should take into account deontic concerns of thr organization as obligations, permission and prohibitions, behavioural dimensions while supporting openness, reliability and concurrence.Mandatory and prohibitory acts imply deontic constraints. The system aligned with norms the modal logic of possibility and necessity topics as morality, law, social and business organizations along with public ethics or political morality derived from the principle of justice. Both the binding and individualizing foundations, the ethics of policy and ethics of process in a framework of welfare of the people has to developed in the Indian context. Sub optimal equilibrium for a strategy and a combination of strategies and quasi equilibrium of strategic interactions in multi equilibrium of coordination normative expectations and interdependent preferences with stable dispositions come into consideration.
Power game often has a version where position of pieces to that of the opponent on a chess board rank file analogy. Anticipation of the the opponents strategy to deploy a move that is likely to lead to victory in specified steps has to be met with counter deployment by using sub optimal equilibrium which have instability. Having a well disposed acquaintance in a position of particular type of power at a relevant time while playing as a mastermind with an opponent requires knowing toatal number positions where placement can be made and the making movement of pawns and pieces one at a time as in a classical chess board game.
Though in all its various types the game itself is value neutral and objective to the extent where utilities are subjective with the subjective probabilities yet with non ambiguous interaction protocols, multiple suboptimal equilibrium exist. A prior probability of the state of nature and the subjective probabilities of individual players experiences and judgments about likely outcomes distinguishes actual utility from expected utility. How do valuations occur as relativistic values in relational space?. Potentialities collapse when a judgment or decision is made in quantum thinking. Entangled mental states of individuals has to be considered in this perspective.Quantum cognition has entered behavioural theories. The inability of the human brain to hold on to coherent states and decoherence of quantum memory by implication has a very noisy incoherent neuronal activity.
Status consciousness in power game where various attitudes are lumped together as status consciousness due to degrees to which status considerations are important as 0 of degree m in 0 sum or non zero sum game in probability like for space like probability sphere for 0 of degree n being pulled together. The horizontal summations of classical game have vertical summations entering. The problem of unique strategy in S matrix and 0 charge of field of game brings back the same old question whether geometry follows action and arises from fundamental interactions identified as fundamental forces or action follows geometry. As in nuclear democracy with asymptotic degrees of freedom where gravity attracts, magnetic dipole repels and attracts and charge can come together to form 0 charge raises the question whether magnetic monopoles can exist. Phenomenology of experiments interacting with theoretical potency in permanently bounded/confined quarks ( free flow of quarks inside confinement parameters) where S matrix as scattering when applied to field of game where probability flux leading to cluster point probabilities giving distinct probabilities with discontinuity getting a unique strategy is an experimental bias.
Negativity for a convex hull and beta expansivity measured for a flattened axial space the probability continuity on a genus surface requires gaps and discontinuities be accounted for. The philosophical problem of quantum reality and it’s existence and it’s being whatever it is measured to be is aggravated with the idea of superposition. As a potential exits for an object to be in any state, it transmutes into parallel universes as the number of possible states in which the object can exist, each universe containing a unique single possible state of that object. The mechanism of interactions between these universes permits all or some states to be accessible.The persistent problem of how real is quantum reality? Measurement problem and interpretation of the measurement in conjugate complex of quantum, to treat symmetry as only being real law becomes abysmal symmetry. The act of judging is presumptive and fallacious and interpretation of statutes and rule of law itself becomes questionable.
Inherent self aggrandizement iin human behaviour is basic.Future value of relationships with strategies, expected costs of performing a favour and expected benefits rationally requires that the individual should be better of in individual welfare optimality.Discounted expected value of relationship less the current cost of current favour has to be positive and valuation of relationship. It maybe impossible to achieve the socially efficient solution in equilibrium. There exist equilibria in which inefficient favours are performed. Social linkages playing a role in risk and threat perceptions by a group in such a system of privileges which are socially conferred ,often unearned ,by identification , dominance and centeredness does not guarantee beneficial outcomes. Undermining a players belief in validity of their perception by socially undermining and downplaying in power game is a psychological aspect. Trading in favours for reciprocal benefits in a survivor setup has alert individuals manipulating the system for personal gain.
All favours become suspect in such a scenario. It is a modification to a sort of host parasite system for the manipulator which increases the parasites own fitness by altering behaviour of others of the host system. Neuro parasitology and modifying the behavior of the host is abundant. Transplanting a foreign system like the British Judicial system creates infections and their growth. Graft with the intent to improperly influence official action and is a sort of compensation when none is due in parasitic infection. Parasites disable slowly in biological control of hosts. The situation is like in a predator prey ecosystem where predatory abilities favour success in a further modification in the society of favour where predator disables immediately as opportunity arises satisfying the craving for power and recognition. While alertness to impending opportunities and timing gives scope for strategic premeditation there are also opportunities arising unexpectedly along with creating opportunities. Long term opportunity is in the recognition of patterns while short term or immediate opportunity needs evaluation of it’s worth and plausible strategy. Status consciousness on a scale measuring status relevant attitudes and beliefs with respect for hierarchy , status display and enjoyment has a deformed culture as VIP culture on display. How would it work if a new Judge from say Allahabad High Court decides to favour a Judges who belongs to his own caste kayastha, from the same High Court and had already been a Supreme Court Judge, immediately on his own elevation to Supreme Court? To avoid extraction of all of the surplus he must grant the favour immediately on elevation. Frivolous talk from the corridors of Supreme Court of India is about this judge slated to take over as CJI on the basis of seniority insisted on designation of Mr. Prasad as Senior Advocate or put all names to secret ballot in Full Court of January. Hints of some sort of caste lobby working which had became apparent during Ravi Shankar Prasad as Law Minister in Mr. Modi’s government cannot be ruled out completely.
Regional lobbies also exist.Individual rationality would differ and sub optimal solutions exist. Alumni Association say Harvard University networking also has such classical 0 sum games as contrasted to a trial and error method in an act of tatonnement of general equilibrium. Existence of social equations between individuals where different values of variables on lhs and rhs in an equation in trial and error method is instead a 0 sum requiring gain or loss such that net value of the system is unchanged.The problem occurs in a confirmation bias in ignoring contrary information that does not supports their prior values in belief perseverance in a conservative system in search for prospects. Not all options are exercised particularly when consumer behaviour is introduced in gift or favour system. Any type of favour to a preferred recipient when choosing from several candidates, the preferred decision not reflecting a particular order of consumption is time independent as per revealed preference theory. Time dependence in grant of favour requires a pre disposition that circumstances of social or professional progression will remain unchanged for a period. and position of favour grantor is axiomatic. A competition to collect favours from a limited number of perssons who can grant favours is a source of corruption. Even the letter from the Registry in December 2019 that application is deferred after committee recommendation gives it a power index 0 and in 2021 as well as that of January 2024 says that the application for designation of Senior Advocate did not find favour with the Full Court giving full court power index 1 in the power game. Even if one judge mentioning a lawyers name being sufficient for conferment of senior advocate designation is perhaps trading in favours and compromise. Motivation for manipulation to advance for their own gain at any cost to others requires a need to feel in control and self esteem borders on psychopathy and narcissistic personality disorder in certain conditions. Social skills used for manipulative behaviour conceals true intentions and avoid responsibility.The possibility of Justice Sanjay Kishan Kaul, main author of judgment in Indira Jaisingh case on Senior designation insisting on transparency was met by manipulation and delaying thr process till he retired December 2023 and hastily things were done in January 2024.
Without condemning with innuendos, the environment is not conducive to economic growth.Quantum theoretical version of economics has stress in in financial transactions and financial actors are parts of entangled system as in quantum game. The price fluctuations are due to fundamental uncertainty and there are no fixed preference or people basing their decision on probability theory. Complex properties of money objects and decision making is not by utility functions but by propensity function specifying probability of transaction. The general propensity function is quantized incorporating interference and entanglement having entropy. Unlike neoclassical economics of bounded rational utility optimization driving prices to a stable equilibrium as 1 norm the quantum probability is non commutative with unitarity and 2-3 norm system.Threshold effect for preference reversal is by collapsing superposition on one axis then another.The overlap of psychosphere on ecosphere converts bounded rationality into ecological rationality and heuristic reasoning by the elitist oligarchs in favour trading in system of privileges is sort of recognition heuristic. Recognition and identification in mention of names during court proceedings, judgments or considering grant of favours in selective perception is motivated by extraneous considerations in relationship building. Creating super lawyers through preferred amicus in the system is manipulative at times. Personality judgments in agreement with acquaintance have various payoffs. The nature of relationship being situational in social support network rather than workplace relationship in most cases is codependent and goes beyond workplace acquaintanceship . To call it out as random selection as unconscious lacks deliberations.
The unconscious mind entering court proceedings and judging process in the adversarial litigation the effect on non adversarial litigation and non judicial tasks performed by tenured judges should also show some of its presence.The psychological profile of judges with a synthetic ego and stretched libido in having demonstrated an achievement in successfully manipulating the society of favours in trading accuracy for effort in judgements is with risk minimization of perpetuating the system which also relies on heuristics of satisfactory solutions. Not all possible actions and outcomes, probabilities can be considered in time constraints. Assuming judges may think differently from lay persons fact focussed tasks by virtue of legal training when doing tasks typical to judges of finding and interpreting relevant laws there is repression of psychological drives and role splitting.The mythical legal certainty and exactness of legal rules in legal realism where terms like motive, intention, malice delusions, mental cruelty, undie influence are regularly used in an illusion of rendering justice where justice seems to be done. In the judges personality in wielding judicial power there is compulsion to condemn or absolve in some ways as consequences to confess where individual and social conformity to laws is concerned. Intrapsychic equilibrium while personal motivations are ignored, a law breaker is responsible only so far as the conduct is subject to self reflection( http://www.journals
uchicago. edu) But the legal system by itself has moral neutrality.
The year 2007-2008 has Global Financial crisis, the worst since Great Depression effect the World Economy while a totally unrelated churning in Indian Judiciary’s elitist oligarchy occurs by sheer coincidence as Senior Designations from amidst lawyers sees them elevated as Judges of Supreme Court of India from 2014 to 2024. Earlier direct elevation from Bar to Supreme Court were limited to as those of Justice S M Sikri, Justice Kuldip Singh and Justice Santosh Hegde maybe for their connection to corridors of political power. The seemingly independent judiciary suddenly reaches a stage where more than three judges are directly elevated from the Bar in recent times as an internal shakeup as criticism of Collegium system peaks and political debate sharpens.The crash in market for adjudication, particularly strategic litigation,is sought to be averted by a spread of portfolio in the divided legal fraternity as the social networking investing strategy for higher chances of consistent returns over time.Elevations from the Bar as Judge Supreme Court has Justice R F Nariman, Justice U U Lalit, Justice Indu Malhotra, Justice L Nageshwar Rao, Justice P S Narsimhan, Justice Vishwanathan all appear in the relative short period of a decade . Not much is known about their contribution to jurisprudence on India except some cases in which they appeared. There have been many women judges in the Supreme Court of India but Justice B V Nagarathna, daughter of Chief Justice E S Venkataramiah of Supreme Court of India is slated be the first woman Chief Justice of India.
An undeclared state of Emergency and constitutional subversion under Narendra Modi with diluted judicial and executive accountability is deciphered. Narendra Modi became Chief Minister of Gujrat in 2001 when Keshubhai Patel was replaced but went on to win first ever electoral conquest in 2002 by-election. Self promoted achievements, repeated reference to humble origins and manipulation made him a controversial figure. Underperforming economy, manipulativeness and sentiments against Congress party saw his emergence as Prime Minister in 2014.Being an astute politician Mr. Modi used public sentiments of threatened cultural heritage and vanquishment in terms Ram Mandir at Ayodhya and it’s opening but no one had stopped the other political parties for using public sentiment earlier but had instead had used caste as a factor or minority appeasement as a card. 2016 Demonetisation, Covid 19 crisis led to slowing down of the economy as issues were diverted to religious affairs as Ram Janmabhoomi case, Gyanvapi temple row and Demonetisation case in Supreme Court. Supreme Court also finds itself entangled in political issues like confidence motions, fall of government, corruption cases against ministers, election disputes etc. The weapon of ‘continuing mandamus’ used by the Court in passing orders and formulated guidelines on issues of social welfare, environmental protection, electoral reforms along with expanded judicial powers to intervene issues reserved for the executive (thewire.in 12/April/2023) in judicial activism verges on judicial adventurism. The controversial manner of grant of regular bail incident of 2023( Teesta Atul Setelvad Versus State of Gujarat,Order dated 19/07/2023, 2023 SCC Online SC 860) to Teesta Setalvad happened in peculiar circumstances. Mr. Justice D Y Chandrachud and other Judges were attending a dance performance show of Justice Vishwanathan’ s daughter in the evening, a phone call came, a bench was immediately constituted, upon disagreement in the bench, immediately another bench was formed which granted bail in a late night hearing. Supreme Court purportedly wanted to know the urgency of her sought arrest or immediate surrender order by the High Court. A common man does not get such alarmed attention from the Supreme Court. Unelected judges as oligarchs holding the Indian state to be a failed state or on the verge of becoming a failed staye which they are bound by duty to save it from, ardently seeking and protecting there independence in a state which is independent in its democratic setup is a patadox. All this may not shock many.
Ethics scandals involving some other judges are not unknown. The Registry is no better. Manipulations in order in high profile Amrapali case where name of the forensic auditor was changed in the order in connivance with the court staff in Registry which shocked the judges themselves( The Economic Times, 8 May 2019),In another incident two court staffers were sacked for manipulation of order in Anil Ambani case( The Economic Times 15 February 2019).Coercion, manipulation, politician partisan quarrels, are all a bane. Unwarranted conspiracy theories have the same problem of epistemically neutral definition of conspiracy. Secrecy, shared goal of a group with the secret intent of making event to occur even as a surprise. Whether an ideology is the driving force is a question to be answered. The adhoc composition of the collegiate or planned placing of individuals for entry into it by seniority by organizing criteria has faults in internal consistency say as in keeping a case pending to open at a critical moment.
An unknown subculture of social elitism in legal fraternity suddenly becomes too visible. Cultural nationalism has association with self assertion and some kind of brokerage in its thoughts, actions and intellectual history.Much criticism is done for nationalism and cultural revivalism as a threat to the international humanism. It is projected as being irrational.The leftist paradigm of caste and class however did not find success.
Electoral mechanism to control the elite has resulted in situations where a Prime Minister, named Smt. Indira Gandhi becoming intolerant to a system that could electorally defeat the elite. She imposed national emergency in 1975 citing internal disturbance and tried to create an autocracy for her dynasty. Elections could be cancelled and there was rule by decree. Traditional elite had already collapsed and the new de facto royalty also faced distrust as an outcome. Her play with the Judiciary brought in Western elitist educational institutions and their valuations in the picture again. The power to amend the Constitution is given in the Constitution itself. Whether citizens have residual rights or not is debated in politics. The limitations on the legislature to amend and change the nature of democratic republic were the questions that arose. However, electoral fraud and engineered victories by myself information gathering and allocation mechanism is manipulative. Intimidation is often used. The First March 2023 on the Election Commission under Article 324 upturning a process followed for the past 75 years which is apparently historic but maybe an overreach. The vaccum left by the political elite or parliament to be filled in by a method suggested by a judicial fiat temporarily till the parliament makes a law about the procedure to be followed. There is as such no leader of the opposition technically. The economic elite and policy planning networks wielding disproportionate power independent of democratic elections tend to encash the power wielding. Defining deviance as a system of privileges in ways to benefit their status positions leads to manipulation and violation of trust. Fetish of money, individualism and achievement orientation has a huge social cost. Debilitating discrimination In context of job reservations as The Mandal Commission submitted in 1980 was based on the data of 1931 caste based census. The abolition of zamindari was post independence an the Zamindari abolition Act was passed in 1956, altering agrarian relations and economic status of castes. Economic backwardness still remains to be identified. Caste/ category data in judiciary is not maintained nor is there any reservation as such.
In 2009 the order of CIC on disclosure of assets of Judges of Supreme Court of India of Right to Information Act was upheld by Delhi High Court, which was challenged before three judges Bench which led to this order being in challenged in Supreme Court itself. In 2019 Supreme Court ruled against itself and held that the office of CJI is in the ambit of RTI. In August 2022 the central government amended the Supreme Court Judges Rules a second time in a week to provide chauffeurs and domestic help for retired Chief Justices of India and Supreme Court Judges for their entire lifetime. In April 4 a Division Bench of Allahabad High Court sought to send very senior government officials to jail for not providing perk to retired judges of the High Court as ordered by them earlier. A wayward and uncontrollable judicial system if allowed to run amok makes a mockery of democracy. Any system, howsoever, democratic will eventually develop oligarchic tendencies in complex organizations becomes a rule by the few instead of by the people depends on how vigilant the people are.
In the American context a basic structure logic appeared. The Philadelphia convention on prohibition of amendments that would dismantle certain fundamental institutions and arrangements made by the Constitution was specifically debated. Validity of limitation on amendment as to subject matter holds an implicit idea that sovereign power is with the people. The Constitution would be an elitist document had it protected property rights and not equal rights of the people. Elitist and pluralistic debate will continue as elitist coalition’s form. The hostility to public organizations and paradox of anti democratic trends in the growth of bureaucracy and their need in the administrative setup was recognised. Civil Service Reform Act of 1978 abolished thr U. S. Civil Services Commission and distributed it’s functions into Office of Personal Management, Merit Systems Protection Board and Federal Labor Relations Authority. US Supreme Court facing an identity crisis has been a subject of scholarly debate. The lecture by Guy Uriel E Charles, the Charles J Ogletree Jr. Professor of Law at Harvard Law School on the supposed demise of civil rights consensus ( his.harvard.edu, 8 March 2023) does not look at the motivational and legitimation identity crisis or analogue of synchronicity quantum crisis.
In the Indian context, identity crisis has some other reference data of 2020 which finds that 20 percent of political families have been contesting elections since 1980. Besides criminalization is also discernible. The political elite, mostly from stable economic background also being involved in predatory politics to sustain power whether governing or non governing differed from the westernized elite of the nationalist movement of colonial and post colonial period in a reconfiguration. They were more as vested interests, expression of regional interests and self serving in using state capacity. Likes of Telegu Desam party and emergence of leaders as N.Chandrababu Naidu and others stand out.This shift is evident in the way judicial interpretation and constitutional development has been taking place too. Rule by decree and not abiding by the procedure of rule of constitutional law is dictatorship. It should have imposed a political agenda of popular mandate against family oligarchies. Evolution of these oligarchies is not a natural selection of a group or clique and is not governing principle of the political system. The traditional legitimacy and prevailing values of traditional elites is in contradiction. An adhoc group forming the collegium system seeking status quo for its existence is illogical. Defending the collegium in the name of independence of judiciary raises the issue of independence from whom. Whether it is about independence from the legislature and executive or from judges themselves. No system would be foolproof.
The changing scenario and constitutional interpretation of the respective powers of legislature, executive and judiciary and their relationship with each other needs exposition. Selective assertiveness and activism on the issue of fundamental rights has led to suggestions of institutional elitism and a reformist approach. At times it goes beyond its role in establishing rule and supremacy of law. The social networks and interactions and resolution of disputes through the legal process needs society adapting to the requirements of law, such that rule of law principles can be applied to the current practice of law for social justice.
In Union Of India vs Sankalchand 1977, Justice Y. V. Chandrachud of Supreme Court of India ruled that a judge could be transferred in the Public Interest. In 1981 the Chief Justice of Pana High Court was transferred to the Madras High Court. He challenged his transfer order in the Supreme Court of India. He filed an affidavit against Justice Y. V. Chandrachud.SLP 1509 of 1981 filed by Ripudaman Prasad Sinha was against the dismissal of Writ petion by the Patna High Court against the order of transfer of Chief Justice K. B. N Singh but was heard along with other petitions in S P Gupta vs Union of India on the notion of independence of the judiciary decided in 1981. The power to transfer was left in the hand of the executive.Several cases were tagged together and decided together on 39 December 1981 in S P Gupta vs. President of India (AIR 1982 SC 149.In 1990 some transfer of judges became controversial as the role of Lalu Prasad Yadav and his caste based politics and some other politicians came in the public eye. The divisive Job reservations and implementation of Mandal Commission created a new setting.The scenario changed after 1993 in Advocate-on-Record vs Union of India case. The collegium system was propounded an Supreme Court of India became a unique institution globally. The basic structure doctrine is supposed to give Supreme Court its power to review constitutional amendments. There have been persistent allegations of nepotism in judicial appointments, transfers and dispensation of favours and designations. Out of turn elevations to Supreme Court of India from the pool of High Court Judges became a common feature with some sort of bargaining system in the collegium.The institution of senior advocate system which is rigidly hierarchical is completely alien to the American system along with the power of the collegium on appointment. The contentious issue of Senior Counsel, Inner circle and outer circle designatuons by High Courts and Supreme Court received attention very late. In Patna High Court, for only two applications having been made, a full Court was called within a month after the previous round of designations in December 2007 applications were put to secret ballot and rejected within five minutes in January 2008 without any discussion. The records were destroyed as per orders. The then Acting Chief Justice was soon made Chief Justice of Allahabad High Court and very soon was made Judge Supreme Court. Hundreds of lawyers lodged a complaint wanting refund of money in lieu of which they were promised being designated a Senior Advocate by this judges son. This Judge had a very close association with Mr. Ravi Shankar Prasad,Union law Minister and both came from the same caste. In an infamous incident (SC Bench decides Rs. 1000Cr. Cidco plot case in minutes. {TOI, 6 March 2014) this judge was in news again.Post retirement he was made Chairman of Press Council of India,a former Law Minister filed a PIL seeking that an FIR be lodged against this judge for passing orders in cases related to his Kin. (The Indian Express 11 /April/2015). In any case nearly every technique used by this judge has been considered incorrect in recent decision of Supreme Court. Curiously his son was the most preferred youngster for out of turn favour in 2024 as senior designated lawyer for his work as government counsel for BJP ruled states.
Do governors and chief ministers have a role in appointment of judges in High Courts. Mr. R. S. Gavai who was the governor of Bihar between 2006 to 2008, his son Mr. Bhushan Ramkrishna Gavai, became a High Court Judge and is slated to become Chief Justice of India. Father, founder of a political bias evident in his judgements nor any evidence that his father played a role in his elevation. However, some other names amongst judges show some traces. Mr. Ranjan Gogoi who retired as Chief Justice of India, his father had been Chief Minister of Assam. There was the same kind of evaluation in making them judges. His becoming a Rajya Sabha member is rather incongruous.Possibly, they would have become judges even if there were written competitive examinations.Justice Prasanna B Varale’s elevation in January 2024 makes him the third Dalit Judge along with Justice B R Gavai and Justice C T Ravikumar.
The issues regarding designating Senior Advocates remained and in 2017 (9) SCC 766 ,Indira Jaising versus Supreme Court of India, a decision was passed forming a Committe system for recommending names for such designations. Offices and homes of Indira Jaising and Anand Grover were raided by the CBI in 2019 accusing them of violating laws relating to foreign funding for their NGO( http://www.livelaw.in, Hindustan Times,11 July 2019)The problem of reputational concern to build a reputation in legal fraternity and the spectacular scandal that followed maybe debated for a long period. Even the concept of Amicus Curiae as a friend of the Court is misused to bring in the spotlight. To bring in a person who is not representing any party to the litigant as Amicus to bring information that parties to the litigation would not otherwise bring to the notice of the Court has been done without consent of parties. The permission to participate was more a matter of grace by relaxing the right to intervene. There could be unrepresented interests and often leave was granted directly to state counsel to intervene.In India the Amicus Curiae is normally addressing the Court first unlike USA where they make oral submissions only in extraordinary circumstances. The cynical trivialization of Amicus from those in cases involving human rights to all sorts of cases and notion of preferred Amicus is only a a device for reputation building. The Amicus in India turns out to be something more than an intervenor and Amicus Brief filing and sociability of Supreme Court Judges with them could be a ground for criticism of Supreme Court. Sometimes pretext of providing legal aid is used to promote lawyers in highlighted cases. Legal aid and pro bono work being institutionalized and brought under the supervision of sitting judges instead of Bar Council is again a gross manipulation. The most preferred Amicus was Mr. U U Lalit who became a Judge Supreme Court in 2014. Relaxing the rule of locus standi led to the Public Interest Culture.
Senior designations seeing the career progression have remained coveted and Judges have used it as a bait and other purposes.The manner which things were conducted in the Committee for Designation of Senior Advocates in 2019, 2021 and then in 2024 were clear hostility to increasing public aspirations. Mr Justice D Y Chandrachud turned out no better in this scenario and it appeared as putting up as a brave show and ending up with maintaing oligarchic elitism. Harvard University hangover and socio-centric network was alleged to be apparent. Engaging an audience all around the Committees interaction with 200 odd candidates within 2 hours with 10 minute breaks between groups of 50 was incredible on 16 January 2024. Credibility building through Court sponsored Amicus and legal Aid has again been put on a pedestal.
The elite group of lawyers creates elitist litigation versus common mans litigation. The elite, hence, is not only well connected individuals, but also the intermediaries forming hubs of cohesive and structured elite sub groups as the core of a social network. The Supreme Court Bar Association elections somehow becomes a measure of these social performers in a multiplex structure. Superpositioning time varying social networks can easily give rise to the misconception of elites being core communities. Social brokers playing a crucial role in this social networking, turning their brokerage as entry into elite clubs or access to constitutional posts is dangerous.Behaviour of the sequence of nested level of networks identifies the elite structure of core communities. The senior designation from amidst lawyers by the Supreme Court of India turned has been a contentious affair. The judgment which came to be passed in 2017 in Indira Jaisingh’s application in which some kind of rules had been framed needed more debate. There was to be a permanent committee to be formed who would screen applications. The committee comprising Chief Justice of India Mr. Ranjan Gogoi, two seniormost Judges , Attorney General of India, and one Parsi gentleman, Soli Sorabjee,who was an ex Attorney General prima facie appeared to be a responsible body. Very curious behaviour of members like shouting “Full marks,Full marks” when a lady aspirant spoke by Mr. Sorabjee were reported. Another senior judge openly declared that One Harvard University Professor has informed him that another lady aspirant is going to write a book with Mr. Venugopal. Spokesman of BJP, Gaurav Bhatia was also an aspirant to whom the question put was whether he would be able to find time to practice law. The committees recommendations were partially over looked, fortunately the two lady aspirant were not over looked in a great show of gender representation along with the BJP spokesman in a show of neutrality to politics, but 19 names were deferred for next full Court and in December 2020 the full court under Mr. N V Ramanna came up with its own nominations and selections from deferred names and selecting from names not recommended by the committee. Mr. N V Ramanna was a relative of Chandra Babu Naidu, Chief Minister of Andhra Pradesh and became a judge when Naidu was the Chief Minister and was probably nominated by Justice U C Bannerjee( known for questionable report on Godhra incident) for being appointed as a judge.As the controversy continued, all this again led to another judgment( dated 12/May/2023)reported in 2023 SCC online SC 614 titled Indira Jaising versus Supreme Court of India and the judgment was modified. Weightage for publications were reduced and how weightage for years of practice be given clarified. Para 18 of the judgement noted that there was both the exclusion of people from the list prepared by the Permanent Committee and expansion of the list by further inclusion. Voting by secret ballot was not transparent. Para 27 recognizes that designated seniors are an elite group. Relevancy of time of designation is not to be ignored.The fact that elevation to the bench were to be from these designated Senior Advocates was adhered to in the Supreme Court of India and automatic designation of retired High Court Judges of High Court Judges as Senior Advocates by the Supreme Court continued. From 2018 to 2023 the rules for Senior designation has been revised nearly six times, and 2019 and 2021 designations are grant of favours.Interesting backdrop of these going at the apex level as s competition for spoils is the example of case of EOW 211 of the year 1999 being heard on 17/5/2023 by Ms. Shivani Chaudhary, the Chief Metropolitan Magistrate, SE, Saket Court, New Delhi. By an estimate this case of the year 1999 could reach Supreme Court of India by the year 2040 if an out of Court settlement is not arrived at.
The elitist collegium of the bench ensures low rate of dissenting judgements and seperate opinions in a clear lack of divergent opinion. Even the Restatement Of Values Of Judicial Life, adopted by the Full Court Meeting in 1997 is a tacit acceptance of requirement of restraint.Here is then a need for popular legitimization. Less said about the meaning of the word solicit the better. India has an extended system of solicitors in India beyond Constitutional terminology. Posts like Solicitor General are used for Government lawyers in a blatant colonial hangover of brokerage system in judicial system. The curious case of Mr. Gopal Subramanian appointment as judge Supreme Court of India directly from the Bar as recommended by the collegium, the careful leaks in the press and cabinet decision to return his name ( 26 June 2014, The Economic Times) seemed opposed to credibility building gone wrong since the time of CJI Mr. M. N. Venkatchaliah.An important issue was raised in Father, son and the holy Court, The Hindu, 24 October 2014 about father Mr. Fali S. Nariman, a Parsi gentleman appearing in cases before the Supreme Court where his son Mr. Rohinton Nariman is a Judge. It went on to cite an example from 1967, when U. S. President Lyndon B. Johnson appointed the son of U. S. Supreme Court Judge Tom. C. Clark as the Attorney General, Clark resigned from his post. This was because as Attorney General will have to appear in Court where the father would be on the bench.
The Supreme Court nominations in USA has two central institutions involved, the presidency and the senate. The confirmation management process with the involvement of interest groups, media and public opinion. Has it made USA Supreme Court any better. Judges have broken adherence to precedents, forced rationale, partisan votings are seen so that public perception of them as neutral decision makers has waned. The recent issues on abortion, religious interests and LGBTQ rights, gay rights and judges choosing to answer questions raised at closed venues. The Judiciary Act of 1789 conferring power to punish for contempt had to watered down by an Act of 1831 due to abuse of this extensive power. Yet later pronouncements of the Court laid emphasis on the inherent power of court to punish for contempt.
Notions of democratic elitism gained ground purportedly to substantiate oligarchies and bringing political realism. There is a deception involved in concealing the control of power. The purpose is to preserve predominance. The manner of opening ranks to admit new members in elite circle determines frequency of rebellion. The humbling discrimination even after assimilating western ideas, language and culture felt in colonial period lead to emergence of a new elite in the colonies. The new intellectualism of westernized elites would merely imitate the Western culture increasing its extent and intensity by adopting the formal and substantive aspect of reconstructed knowledge. Contempt for indigenous knowledge base and traditional intelligentsia creates a vision impairment and handicap in the material environment. An ideological continuum has gaps. The elitist Indian Civil Services which came to an end in 1947 used to have a judicial side trained in the colonial period. It gave at least six judges to the Supreme Court of India which came in to existence on 26 January 1950 and came to be housed in the present building in 1958. The system of sitting in smaller benches of two or three as the workload increased and number of judges increased. It is now comprised of a self selecting elite in an unsatisfactory arrangement.The ideology of some sections of the elite in closer proximity to poltico -economic power dominates and may not be that of the revivalist. That the majority would be irrational and it is the self imposed duty of the elite to guide and nudge ignores the behavioral replication and limitations of such interventions. Judiciary remains the last bastion of the colonial setup. Evident neurosis of elitism and opposition to structural reforms in the context of not being chosen but being sorted and selected can be corrupted. Structural vulnerability to pressure politics calls for reforms. Corruption of the elite in the establishment increases income and opportunity inequality resulting in trust deficit. Perception of elites being corrupt, incompetent and not trustworthy at the social level is a complex interplay with actual incidents. A cultural connotation to elitism as metropolitan elite with Patna Golf Club membership in contrast to rural elite is anti thesis of legitimacy of broader agenda of public welfarism. The Doon valley Golf course and Patna course opened in East and South Ayrshire in south-west Scotland which had opened in 1927 closed down in 2017. The expensive golf clubs where playing on any weekdays and weekends would cost a minimum of Rs 5000/- or more, caddy’s cost as extra and the dining and pub facilities again running into thousands of rupees per day is biggest colonial hangover amongst this elite. Recruitment of judges from golf club members in Patna High Court appeared to be an expensive proposition.Enduring colonial legacies in the judicial and administrative system with a selective memory about humiliation and racism tending to amnesia are a anachronistic.
Perceived threat or perceived similarity by outgroup lower in social standing, gives a psychological entitlement to opportunity and position of power with a social domination orientation.A denial of equality of competence between elites and others is reason to step beyond democratic norms. Propoganda in terms of exploitation and distortion of truth takes conspiratorial tones.Elitist institutions have operational legacy as well endowment systems for admission. Harvard University stock portfolio managed by Harvard Management Company established in 1974 to manage it’s endowments has posted a loss in 2022 in contrast to a high of 2016. Their reasons are underperforming global equity markets. Serious money business with hedge funds with the stated object of increasing fund availability for students and research as well as developing leaders who make a difference globally. The Harvard Gazette says good genes nice, but joy is better. Credibility building for their researchers as being most cited on internet implies social media as the biggest tool. Definitive social contacts offered by such institutions come with a price tag.Plagiarism allegation leading to stepping down of Harvard President Political Scientist Claudine Gay in 2024, the take home final exams cheating by students at Harvard of 2012 hints at academic dishonesty, alleged data fraud by Harvard University Professor Francesca Gino of 2023 steals all thunder from the credibility of Harvard University.Ivy League tag for athletics puts pressure to purchase scholastic credibility. Cambridge University, UK also speaks about academic fraud and competition to gain credentials for occupational and social advancement. The claim to reduce elitism gained ground recently The crisis in critical expertise and critical elitism raises the problem of tackling the capacity of critical and empowered citizens to contest expert knowledge. Hostility to factual truth is even greater as experts claim possessing greater skill, knowledge, information and experience. Oxbridge elitism has been exposed several times in particular in matter of admissions where in the report that between 2010 to 2015,4/5 th students had parents in top professional and managerial jobs. Conflict arises when some ideas threaten their dominance and effort is required to create an alternative narrative. The controversial relationship between elitist autonomy and the democratic process with some special responsibility for standards and values being on the elite raises serious questions. Elite may prefer democracy above dictatorship unless they face a threat from below. The manner of recruitment in elite circles from a disorganized majority for self perpetuation actually converts universal suffrage into hypocrisy in the will for power. Competitive elitism in bureaucracy and judiciary differ. The Indian UPSC exams are difficult, time consuming and are in several layers. The standoff with the government on the issue of autonomy of the Supreme Court Collegium for appointment of descendants of Supreme Court Judges in the garb of competencies and diversity has been sought to be defended in the westernized liberal media without any objective measure of competency of Mr. Saurabh Kirpal, Mr. Sakya Sen or Mr. Amitesh Bannerjee. Proof of competency being left to postscript in a backdrop of a thrust preface is inexplicable. Insinuations can be made about motives but it could be a mere coincidence that some sort of apparent quid pro quo exists. As per media debates, interestingly the collegium itself comprised of some judges whose fathers were judges. It could be sheer coincidence that the father as Chief Justice sponsored the person Mr. Kirpal for judgeship of Delhi High Court, known for suppressing cash for judgement scandal of Punjab High Court and the person so appointed nominated the Chief Justice’s. son for Mumbai High Court at a vey young age. Social media reports are mostly unfounded. It was said that now his son has created a conflict by recommending the others son as Judge. The chain of events does not disclose any wrong being committed as such or any bias. The challenge to conflict of interest in making Mr. Chandrachud as Chief Justice of India came at a very late stage by some vested interests. All this could very well be misinterpretation of the situation. He definitely has a daunting academic record with heavyweight Harvard certifying and would have qualified to become a judge whichever system of appointment were chosen. His nomination by Supreme Court Justice Mr. A S Anand or any other person , who could have been an elitist prodigy and who had to face a scandal about manipulation in his date of birth, was itself not controversial. Mr. Justice Anand faced controversy regarding his age in 1991 as well as 2001 which was supposedly settled by the President of India and even corruption charges which were not even investigated. All this could be a misconceived yet these circumstances are there. Hopefully the insinuations are incorrect. Unfortunately no stakeholder is ever asked for opininion openly about considering a judge or member of bar for being nominated for appointment as Supreme Court Judge by the Collegium. There is no public notice or disclosure before nominating. Everyone gets to know only after the nomination. After the nomination/recommendation ,the recent trend is government stamp and notification and oath taking within a couple of days of nomination being sent from the collegium.Quoting a recent British report by the Commission on Social Mobility and Child Poverty Commission “the sheer scale of the dominance of certain backgrounds raises questions about the degree to which makeup of the elite reflects merit. ” Harvard University, USA declared this present legacy carrying in Indian Judiciary as world leadership. Fake notability criteria, credibility building and perception of intellect and quality are its characteristics. India remains a good market for foreign institutions in the business of education. Problem starts when the business tends to influence polity. Past inequalities and decades old recruitment decisions effecting recent intakes for social mobility in future work under utilizes the social capital. The economic performance and time consumption by the elitist Indian Judiciary faces notoriety in terms of delays and judgements laced with British and American case laws. Reputation of Supreme Court in terms of number of times it’s judgments has been cited by foreign Courts has decreased sharply after 2014 in a study even if they were from earlier period and they were cited mostly in Bangladesh, Nepal and Srilanka(A14.com/post, 30 November 2020). Controversy surrounds the Supreme Court of India verdict on LGBTQIA( Supriyo vs Union of India 2023)as to whether judiciary should enter the legislative sphere to ensure equality and rights making it a decision not to be cited. Mr. Justice Dhananjay Chandrachud stating that social institutions must be arranged in such a manner that individuals have freedom to enter into relationship untrammelled by binary of sex and gender in Navtej Singh Johar versus Union of India of 2018( effecting gay rights and its criminalization)is some kind of obiter dicta as it relates to social value system involving quantification going beyond money as main indicator of value and cultural shifts. No discrimination on grounds of sexual preference and orientation in a system with rigid social norms requires evaluation of social values. Risk neutral probabilities or valuations on δ loops l of geometrical continuity giving orderings in a fusion of m and n must have asymptotic stability in hypersphere. The loop knots are of various types and either from open or closed loops. Knotted social issues require unknotting by judicial interventionism at times.The knot invariant on geuns surface g, degree of knot on genus surface p, h, g producing least genus from 0 to 1 on g commutator subgroup with the same polynomial and bounded from below raises questions about trivial knots. Trivialization of issues of social fabric based on social utility surface without questioning it’s orientability in judicial adventurism has been damaging.
Acknowledgment of the change is on public perception and societal norms. Recognition of gender and social diversity in a reevaluation of values and societal norms in an alternative value system with boundaries where individual choice gains in strength is different from setting up a social narrative in social comparison. Conditions at the boundary of individual and social choice conducive to cyclical or stable preference orderings and consensuality in individual relations as gay rights in societal norming is not in correct perspective. The UN Human Rights Commission was quick to praise the this judgment hanging on to it’s version of its compatibility to freedom of religion or belief. Protection against violence and discrimination based on sexual orientation and gender identity uses the term orientability with a consistent definition of clockwise or anti clockwise of social space and societal surfaces specified by choice of continuously varying surface normal in space like orientation as time independent in abstraction. If such a normal exists there are always two ways to select it. There is an additional dictum of choice for pseudo orthogonal groups with space orientation and time orientation distinction. Time orientation and polyhedral value of 1 giving alpha value points from differing betas where polyhedral value 0 is at the center or space orientation with expansivity of betas for stressed alpha in Delta loop l orderings of m, n fusion of giving amplitude and frequency concurrence whether in jury theorem or majority judgments where each judge/ jury has and independent chance of making the correct judgement in social space.The unknotting mechanism for Delta strings is clearly the biggest problem and judicial intervention with sword of contempt of court power is judicial adventurism if value judgement is incorrect.
Choice theory with monetary values are also found in financial economics. Securitization is a process of pooling types of income producing assets so that they can be repackaged into interest bearing securities. Ostensibly to increase liquidity and access to credit. Portfolio choice theories use risk neutral probabilities and valuations and catastrophic risk free rates in assessment of returns in financial implications. Portfolio frontiers with irrotational considerations and risk preferences of market participants are important.Instead of production possibility curves of a diversified multi product company there are portfolios of securities with betas as normalized covariance of two random variables as return on given security and return of market portfolio with market risks. Comparing portfolio preferences on amplitudes of returns on summation plane has conic sections. Growth cones in static versions in a normal dynamic system are constructed.
Returning to theorems on social choice in majority rulings by secured tenure judges, it can be that collective decision of majority is more likely to be correct but it would be irrational if it cannot be expressed as the ratio decidendi or ratio of two integers in terms of 0, +, – wholesome numbers or real and not a fractional number in relationships between individual values, rights and preferences. Judgment aggregation where a group of individuals make consistent collective judgments on a given set of propositions on the group members individual decisions in s coperative game model of a set of players that form coalitions for common benefit could lead to a situation of a forced choice between elected elites and uninformed masses. Coalition game theory with possibility of external enforcement of coperative behaviour as cooperative game a value is to assigned to every coalition. The characteristic functions with all possible coalitions to set of payments set to υ(∅)=0 and a set of cost set to ν(∅)=0 with solution concepts in tems of distribution among players of a total surplus value generated by the coalition of all players has alternative formulations for estimated value. But unelected elite is not reconcilable in this formalism. If opinion is solicited from by some democratic process there aggregation is satisfying some normative criteria is subject of several theorizations. Whether a society can be ordered in a way that reflects individual choices can be done through judicial diktat to state apparatus? .
In a most puzzling approach the Indian Judiciary does not want the system of appointment to be like in USA Or UK. A judges output in terms of number of judgments authored may not reflect the qualitative aspect. Just belonging to the millionaire club fails in justifying their credibility.Failure to turn the democratic state in developmental mode requires relooking at the critical success factor of the elite. More controversy surrounds collegium of Supreme Court of India with the resolution insisting on the order of precedence in judicial appointments as per it’s diktat in a dictatorial manner in its resolution 31 January 2023. Outright threat to democratic government on 3 February 2023 about uncomfortable orders if collegium recommended transfers of High Court Judges appear to be outrageous.in a reminder of Keshav Singh case of 1964 reported in AIR 1965 SC 745 when warrant was issued against speaker of the Legislative Assembly.The assembly again passed summon to Keshav Singh and both judges should be brought in custody before the house. In the reference under Article 143 by the President to Supreme Court led to the instant judgement.Judicial dictatorship under the garb of Article 142 has been a bone of contention from earlier. So far no judge of the Supreme Court of India under Article 124(4). For High Court Judges it is Article 217(1) (b).In 1993 Justice V. Ramaswami was sought to be impeached, and in 2011 Justice Soumitra Sen was sought and passed in Rajya Sabha, he resigned. In 2015,2017, 2018 notices for impeachment were moved against Justice J. B. Pardiwala, Justice C. V. Nagarjuna Reddy and Justice Dipak Misra C. J. I. However, the government buckled under threats of administrative as well as judicial action against it and proceeded to appoint them.
Earlier also amongst the five judges recommended by the collegium for being appointed as Supreme Court Judges included one who had had contempt case filed by Alka Verma against him for unwanted comments had been appointed on 4/1/2023 bypassing at least four judges in AP High Court and many more. Largely applauded as a judge from the muslim community in a section of the social media on being appointed as Supreme Court Judge, it is now controversial. Justice A K Ganguly, Justice Swatantra Kumar and Justice Ranjan Gogoi also faced sexual harassment allegations during their tenure and media found itself gagged with court orders. Hypocritical behaviour in post retirement appointment opportunities for judges as a political favour is corrupting by design. Is Justice Gogoi’s appointment to the Rajya Sabha intended to bridge the gap between legislature and judiciary.The registry of the registry of the Supreme Court of India has also faced flak over listing of matters and alterations in court orders. (SC judges stunned as Registry defies order to list matters – Times of India 29 June 2022) (Functioning of SC registry slammed from time to time- TNN 2 November 2022) (HC order gets mysteriously altered, SC orders probe(Indiatimes, 25 September 2022).Sealed cover procedure now common in working of the Supreme Court lacks transparency and the secrecy in court proceedings is completely hypocritical. Secretive, inefficient, and elitist it is leaving hardly any other feeling. India is fast becoming a superpower in dexterity and political opportunism. Political and economic dominance globally as definition of superpower exerting power in international relations with authority may just be due to the precarious nature of international affairs.Reconstructing the past in the present, history is shaped by the generation and not the elite if they are not in power due to ancestors let alone legacy bearers.


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