United we stand
This is with reference to “Mutiny in SC Ranks” (January 13). In the entire controversy over the propriety of the four sitting senior most judges of the Supreme Court (SC) going public, one need not see the wood for the trees. To be fair to them, they did not rush into taking such an unprecedented step of calling a press conference without first making repeated and sincere efforts internally to persuade the Chief Justice of India (CJI) to take remedial measures. The CJI , according to them, was not amenable to their points of view. Their observation that “unless this institution is persevered and it maintains its equanimity, democracy will not survive in this country” — is as strong and loaded as it could be. It must not be brushed aside lightly. Assigning cases of “far reaching consequences to the nation” to junior hand-picked judges against the time- tested convention, practice and tradition by itself raises very disturbing questions for the institutional integrity of the country’s apex court as it has the potential of impacting the quality of its justice deliverability in public perception. It is a watershed moment for the SC. The nation awaits a display of a collective statesmanship by the judges in general and the CJI in particular to address the crisis of its institutional credibility.
S K Choudhury Bengaluru Chelameswar, Justice Madan Lokur and Justice Kurian Joseph. This might have been the common cause for the revolt, which cannot be ruled out. Our constitution guarantees near absolute immunity to the judiciary with the intention they conduct proceedings on merit without fear or favouritism. But as in other profession, of late, there is erosion of ethical and moral values in the judiciary as well. The provision of the constitution meant to protect the “upright” judicial officers has become a “shield” of protecting the “unscrupulous” elements. A watchdog like National Judicial Commission, which the framers of the Constitution felt unnecessary then, has become necessary now. All the political parties, legal luminaries should look to create a mechanism to regulate appointments, promotions, transfers of Judges and administration of courts.
N Ramamurthy Chennai