Judicial Authority Undermined
There is something deeply troubling about a Government that must be repeatedly reminded to respect the judiciary. The High Court of Jammu & Kashmir and Ladakh has once again been compelled to issue a stern rebuke to the administration for its persistent failure to file replies, produce records, and ensure proper representation before the court. This is not an isolated lapse. It is a pattern, and a dangerous one at that. The facts speak for themselves. A petition filed as far back as June 2023 has dragged on, not because of legal complexity, but because the respondents simply chose not to respond. The right to file a reply was eventually closed. Records directed to be produced were never brought. Counsel failed to appear. Reminders were issued, telephonic requests were made, and yet the silence from the administration remained undisturbed. When the High Court observes that the Government has shown “scant respect” for its orders, it is not speaking in hyperbole. It is stating a constitutional crisis hiding in plain sight.
Courts, by convention and by temperament, tend to be patient with Government offices. They extend opportunities, grant adjournments, and allow time. This generosity, however, is being systematically abused. What should have been a courtesy extended on occasion has been converted into a permanent escape route by an indifferent bureaucracy. At some point, leniency without accountability ceases to be judicial grace and becomes an enabler of administrative negligence. The consequences are far-reaching. Litigants with genuine grievances wait endlessly while the machinery of the State neither defends its position nor concedes fault. The court’s docket swells with preventable delays. Public confidence in governance and in the justice system erodes simultaneously. The rule of law demands that every organ of the State, including the executive, submit itself to judicial oversight and comply with its directions promptly and completely.
The High Court has rightly summoned the Law Secretary to appear in person. This is not a punitive gesture but a necessary assertion of constitutional authority. The judiciary is not a subordinate institution to be accommodated at the administration’s convenience. It is an independent and equal pillar of democracy, entrusted with safeguarding citizens’ rights against the very State they depend upon. Concrete, verifiable mechanisms for tracking cases, ensuring timely replies, and fixing individual accountability must be established without further delay. The honour of the State is inseparable from its respect for the Court.
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