Even to be a sweeper in the municipality or a Daroga in the police you need to pass an exam and undergo training which involves further examination.
However to be a judge in the High Court or a member of parliament – you don’t need to pass any exam or undergo any training. The end result is failure of the legal system and failure of public policy.
7th standard fails can become Chief Ministers and make laws. And inheritors of legal dynasties can become judges and interpret those laws. Some of these judges are in bad mental or physical health. They may even be deranged or unfit to work. We will never know because there is no compulsory health assessment of either parliamentarians or High Court judges.
With the precedent set by Kuldeep Singh in the Supreme Court, the stage was set for direct entry into the Supreme Court. The collegium system has been a bane to the nation. Some judges are so bad that they cannot draft a letter, leave aside a judgement. If you ask high court judges to appear in the JEE entrance, not one judge will get even double digit marks.
Yet these judges pass orders on anything and everything from cybersecurity to artificial intelligence.
An outstanding example of human stupidity is the order passed in the gst matter by a bench of the Bonbay High Court. Without getting into exact merits of the case, just because an arbitrator has passed an order, and money is paid – doesn’t mean the transaction should be tax free. Anyone can be an arbitrator in India – even an illiterate person. And any order can be passed. The Arbitration Act is an abject failure. So much so that venture capitalists check agreements to ensure that the arbitration clause is specifically absent in the agreement.
One thing worse than the failed legal system is the arbitration system.
The only way out of the legal mess in India is to either subject agreements to a foreign jurisdiction or better still – host the legal entity in a foreign country and locate in a sez without forming an Indian company or subjecting yourself to Indian tax jurisdiction.
