The Supreme Court has rightly observed that two parallel legal systems cannot exist in a democratic country. The apex court is of the opinion that an independent and impartial judiciary is the cornerstone of democracy and should be immune from any type of pressure. A division bench of Justice D. Y. Chandrachud and M. R. Shah further stated that “India cannot have two parallel legal systems, one for the rich and resourceful and those who wield political power, and the other for small men without resources and without capabilities to gain justice. The existence of a dual system will only chip away the legitimacy of the law. The duty also falls on the state machinery to be committed to the rule of law.”
From the observations made by the Supreme Court it is clear now that not much has changed in the country even after seven decades of Independence. During British rule, the ruling class was virtually beyond the law. Similar misuse of power continues to take place and is threatening to finish the democratic system existing in the country. There are many instances where the powerful have evaded trial by playing various tricks. One of the most glaring examples is the 2002 hit and run case in which famous film star Salman Khan was involved. Even after 19 years, the main accused is roaming free after Mumbai High Court overturned Salman Khan’s conviction by a lower court in the said case. The lower court convicted him of culpable homicide and sentenced him to five years in jail for driving over and killing a person sleeping on a pavement.
There is no dearth of such instances and this creates the impression that people belonging to the higher strata of society are not bound by the same law as the regular public. They live in a different India where they can play with the law as per their desires. The law of the land is only applicable to the poor and powerless. The trend signals the creation of two Indias- one that belongs to the rich and another where the ordinary people live. Such a situation becomes the breeding ground of criminal activities, wherein a miniscule population can hoodwink the law after indulging in unlawful activities by sheer misuse of power. The most recent addition to this list is so called big industrialist Raj Kundra who is now in the custody of Mumbai crime branch for allegedly producing porn films.
Democracy is not about grabbing power. It is rather about providing equal justice and opportunity to all. This is why democracy is the most sought after political system in the modern world. If justice is denied, the very purpose of democracy gets defeated as it treats everyone equally without considering the position or the power of the accused. So to have a vibrant, functioning and meaningful democracy, India should make all efforts to strengthen the legal system to safeguard it from being misused by unscrupulous elements for their personal benefits.