[HumJanenge] Why Lokpal will not work in India

About 200 years ago, one of the greatest sons India has produced set foot in Britain to give evidence before the Queen's Select Committee on Judicial and Economic reforms. It was the first time any Indian had done so. It would be worth reproducing some of the questions he was asked and his answers - most of which are so relevant today  It would also be pertinent to note that this great son of India was described by a pipsqueak like Mohandas K Gandhi as "an intellectual pygmy"

2. Q. Do you think that the system hitherto acted upon is calculated to secure justice ? 
A. The judicial system established in 1793, by Lord Cornwallis, was certainly well adapted to the situation 
 of the country, and to the character of the people as well as of the government, had there been a sufficient number 
of qualified judges to discharge the judicial office, under a proper code of laws. 

3. Q. Explain particularly in what points you consider the practical operation of the system defective ? 
 A. In the want of a sufficient number of judges and magistrates, in the want of adequate qualification in many 
of them to discharge the duty in foreign languages, and in the want of proper code of laws, by which they might 
 be easily guided. 

4. Q. Can you explain ivhat evils result from the want of a greater number oj judges ? 
A. ist, The courts being necessarily few in number in comparison to the vast territories under the British 
 rule, many of the inhabitants are situated at so great a distance from them, that the poorer classes are in 
general unable to go and seek redress for any injury, particularly those who may be oppressed by their weal 
 thier neighbours, possessing great local influence. 2ndly, The business of the courts is so heavy that causes often 
accumulate to such an extent, that many are necessarily pending some years before they can be decided ; an 
 evil which is aggravated by subsequent appeals from one court to another, attended with further delay and 
increased expense. By this state of things wrong-doers are encouraged, and the innocent and oppressed in the 
 same proportion discouraged, and often reduced to despair. 3rdly, Such a mass of business transacted in 
foreign languages being too much for any one individual, even the ablest and best intentioned judge, may be dis- 
 disheartened at seeing before him a file of causes which he can hardly hope to overtake ; and he may therefore 
be thus induced to transfer a great part of the business to his native officers, who are not responsible, and who 
 are so meanly paid for their services, that they may be expected to consult their own interests. 

5. Q. Will you inform us what evils arise from the want of due qualification in the judges ? 
A. It is but justice to state that many of the judicial officers of the company are men of the highest talents, 
 as well as of strict integrity, and earnestly intent on doing justice. However, not being familiar with the laws of 
the people over whom they are called to administer justice by these laws, and the written proceedings of the 
 court, answers, replies, rejoinders, evidence taken, and .documents produced, being all conducted in a language 
which is foreign to them, they must either rely greatly on the interpretation of their native officers, or be guided 
 by their own surmises or conjectures. In one case, the cause will be decided by those who in point of rank and 
pay are so meanly situated, and who are not responsible to the government or public for the accuracy of the 
 decision , in the other case, a decision founded on conjecture must be very liable to error. Still, I am happy 
to observe that there are some judicial officers, though very few in number, whose judgment and knowledge of 
 the native languages are such, that in cases which do not involve much intricacy and legal subtlety, they are able 
to form a correct decision independent of the natives around them. 

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20. Q. What is your opinion of the general character and conduct of the judges in their official capacity as 
 such ? 
A. I am happy to state that in my humble opinion the judicial branch of the service is at present almost pure ; 
and there are among the judicial servant of the Company gentlemen of such distinguished talents, that from their 
 natural abilites, even without the regular study of the law, they commit very few, if any, errors in the administra 
tion of justice. Others are not so well gifted, and must therefore rely more on the representations of their native 
 officers, and being free from any local check on their public conduct, their regularity, attention to business, and 
other judicial habits, are not equal to the wishes of their employers, nor calculated to give general satisfaction. 
 
21. Q. Do they borrow money to any extent from the natives ? 
A. Formerly they borrowed to a great amount ; at present this practice is discouraged. 

22. Q. Why are the natives prevailed upon to lend to the judges, and other civilians, money to such an extent ? 
 A. Natives not having any hope of attaining direct consideration from the Government by their merits or 
exertions, are sometimes induced to accommodate the civil servants with money, by the hope of securing their 
 patronage for their friends and relatives, the judges and others having many situations directly or indirectly in. 
their gift ; sometimes by the hope of benefiting by their friendly disposition when the natives have estates under 
 their jurisdiction ; and sometimes to avoid incurring the hostility of the judge, who, by Regulation IX. of 1807, 
is empowered not only to imprison, but inflict corporal punishment, by his own authority under certain legal 
 pretences on any native, whatever his respectability may be. 

2 3- Q- What is your opinion of the judical character and conduct of the Hindu and Mohammedan lawyers 
attached to the courts ? 
A. Amongst the Mohammedan lawyers I have met with some honest men. The Hindu lawyers are in 
 general not well spoken of, and they do not enjoy much of the confidence of the public. 

24. Q. What is your opinion of the official character and conduct of the subordinate native judical officers P 
A. Considering the trifling salaries which they enjoy, from 10, 20, 30, or 40 rupees to 100 Rupees a month, (the 
 last being the allowance of the head native officer only,) and the expenses they must incur, in supporting some 
respectability of appearance, besides maintaining their families ; (the keeping of a palankeen alone must cost the 
 head man a sum of between 20 and 30 rupees per month,) -and considering also the extent of the power which they 
must possess, from their situations and duties as above explained (Q. 15.). and the immense sums involved in 
 the issue of causes pending in the courts, it is not to be expected that the native officers, having such trifling 
salaries, at least many of them, should not avail themselves sometimes of their official influence, to promote 
 their own interests. 

26. Q. Is bribery and corruption ever practised in the judicial department, and to what extent .-" 
A. I have already intimated my opinion in the answers to Questions 20 and 24. 
 
27 and 28. Q. Have the respectable and intelligent native inhabitants generally confidence in the purity of the 
Company s courts and the accuracy of their decisions; and have the native community confidence in the integrity 
 of the subordinate judicial officers ? 
A. Whilst such evils exist as I have above noticed, in my reply to (Queries 5, 6, and 7,. as-well as to Queries. 
20 and 24, the respectable and intelligent native inhabitants cannot be expected to have confidence in the 
 general operation of the judicial system.