The discovery of a large stash of cash in a High Court Judge’s residence has suddenly forced the nation to confront the ugly reality of justice delivery in India.

Over the years, there has been a widespread perception that all institutions of state are failing the people. In the early years of independence, people reposed enormous faith in our politicians. The freedom fighters who sacrificed a great deal became the first-generation leaders all over the country, and people trusted them. Centralisation of power and the misguided licence permit raj eventually proved that politicians were men of clay. Then people trusted the civil services. Whenever there was a scandal or crisis, all that a government had to do to pacify the public and legislature was to appoint an IAS officer to enquire. Higher officials could do no wrong!

As bureaucratic apathy, corruption and incompetence became evident, people started relying on the higher judiciary. The middle classes and media raised unrealistic expectations that the judiciary would solve all problems. Since the 1980s the higher judiciary started usurping the functions of the other organs of state.

Separation of powers, checks and balances, accountability and legitimacy of all state functionaries traced to people’s will directly or indirectly are at the........

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