The revelation by Justice Markandey Katju about the alleged corrupt Madras High Court Judge is just the tip of the wide spread malaise that the Indian Judiciary is grappling with. It may have taken Justice Katju almost a decade to blow the trumpet but the sad ground reality has been there for even the blind to see. Over the years we have witnessed some extremely good judges but in anguish have also seen those from the other end of the spectrum. It is very essential that only persons with sound knowledge of law and impeccable integrity be selected as Judges even at the entry level in the lower Judiciary. The selection of judges through a very transparent laid down process has to be very meticulous as persons with suspect credentials and those who cannot interpret the law inflict irreversible damage to the justice delivery system. It is imperative that politicians should have no role whatsoever, - direct or indirect in the selection, promotion and posting of Judges. So also must it be ensured that sitting and retired judges do not orchestrate their incompetent and unworthy relatives, friends and former chamber colleagues to sneak into Judicial positions. The Judiciary should never be manned by persons who are slanted or aligned to any political party. Judges should have the spine to crack on illegalities done by any politician, regardless of the party he is affiliated to and the high position he holds. If Judges cannot independently balance the scales of Justice, the temples of Justice lose their sanctity. A Judge should determine every case strictly on its merits and should never be swayed by the status of the litigants or the face of the advocates representing parties. Every Judge has to be extremely fair and should never allow himself to be swayed by even the Attorney General or Advocate General leave alone the Senior Counsels. This would go a long way in ensuring an independent, unbiased, free and fair Judiciary as Courts cannot end up being Casinos. It is no secret that at times the Judges tend to desist from taking on the government especially when they are due for promotion or elevation for fear that this could affect their prospects. We have seen some Judges develop cold feet to act against the government when they near their retirement due to apprehension that they would be denied a plum post-retirement nest. Judges should not socialize with advocates including the Advocate General. Their contact and interaction should be strictly restricted to the Court room. We have been witness to very good judges being led astray. Lord Harry Woolf, a former Chief Justice of England had said “Like old clocks, our judicial institutions need to be oiled, wound up and set to true time. Indian Judiciary indeed needs some urgent fixing. Maybe it’s high time for a concerted effort to cleanse the Aegean Stables of our temples of Justice by flushing out undesirable judges who should never have landed where they are today.
Posted on: Tue, 22 Jul 2014 07:01:04 +0000
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