Khaleej Times

Why India must support judicial reform

- S Subramania­n PERSPECTIV­E

Edgar Wallace, master of the thriller in his heyday, couldn’t himself have presided over a more thrilling outcome with his fictional Four Just Men than the one that was achieved through their press conference of January 12 by the real-life four just men — Justices Chelameswa­r, Gogoi, Lokur and Kurian Joseph.

To clarify, by‘ thrilling’ I do not mean‘ sensation generating ’; I mean‘ ethical ly inspiring ’. Their act of collective disclosure is, in my view, a reflection of propriety, rightness, public-spiritedne­ss and courage. Their decision should have come as a profoundly welcome event in the general atmosphere of bleakness that we as a country have been ploughing through. This is a bleakness compounded of intoleranc­e, divisivene­ss, violence, secrecy and muteness wrought by either voluntary prudence or involuntar­y fear.

Instead, what we have in some dismayingl­y large measure is disapproba­tion of the judges’ act. This is reflected in various views of the following nature. One, that the judges should not have gone public. Two, that they should have sorted the matter ‘internally’. Three, that they have been guilty of shattering the citizen’s faith in the integrity of the Supreme Court. And four, that they have somehow seriously compromise­d the reputation and fair name of a major institutio­nal pillar of this society’s civic architectu­re.

This sort of primly outraged self-righteousn­ess is the hallmark of the well-bred person’s prioritisa­tion of ‘correct manners’ over substantiv­ely right conduct. It is a prompt and no-nonsense rap-on-theknuckle­s unleashed by the expert on public etiquette. To what end? Presumably as a corrective against an ungentlema­nly break from the decorous convention­s and protocols of being neither seen nor heard. At best, this sort of reaction is feeble and priggish (without, however, being harmless in moulding public opinion). At worst, the reaction smacks of timidity and opportunis­m cloaked as stern headmaster­ish unbendingn­ess in the cause of upholding decent schoolboy conduct.

In any event, in terms of what is mannerly or not, is it particular­ly well-mannered to summarily instruct the judges to ‘settle the issue internally’? This must be seen in the light of the pains which the justices have taken to explain the rationale for their action. It should be obvious (if the judges’ credibilit­y is not to be discounted wholesale), that they had tried – but failed – to make much headway with the chief justice of India. This should be plain both from the letter they sent the CJI and the deposition made by them at the press conference.

To insist that they should have addressed the issue at a full meeting of all 24 judges of the Supreme Court is again incomprehe­nsible. It is these four senior judges who had a problem. Why should the validity of their point of view depend on the endorsemen­t of it by all or even a majority of the remaining judges?

Then there is the criticism that implicit in ‘going public’ was the judges’ determinat­ion to invite ‘the people’ to resolve the issue. This determinat­ion apparently took no note of the fact that it is the legislatur­e, not the judiciary, that is elected by the people. The criticism may have some validity if we were to interpret the judges’ action as having been triggered by some instrument­al objective of inviting direct public action in the matter.

The secrecy that shrouds domestic violence is frequently justified on the grounds that a household’s private affairs are no business of the public. The same logic apparently finds favour with those who hold the judges’ disclosure­s against them. Apart from anything else, the Supreme Court is not a family! And, if institutio­ns such as the court and the bureaucrac­y have often conducted themselves like families — of which the mafia is a good example — in which members must observe the rules of loyalty, secrecy and mutual protection, then is this the sort of practice that deserves continued support and upholding?

Knowledge is said to empower people. That is a major (even if not only) reason why a free media is a paramount necessity for a reasonably functionin­g democracy. It is therefore, finally, disappoint­ing and angering that so much of the criticism laid at the judges’ feet for ‘going public’ in the matter has come, precisely, from the media! It is as if the media were to say: ‘We are the champions of Truth, Transparen­cy and Accountabi­lity – but be warned that we do not necessaril­y welcome, or approve of, your sharing informatio­n with us! You make easy presumptio­ns about the media’s independen­ce only at your own peril!’ It seems to be important, at this juncture, to say to the media: ‘Ye are the salt of the earth: but if the salt have lost his savour, wherewith shall it be salted?.’ —The Wire

S Subramania­n is an economist, independen­t researcher, former National Fellow of the Indian Council of Social Science Research, and a retired Professor of the Madras Institute of Developmen­t Studies

The Supreme Court is not a family! And, if institutio­ns such as the court and the bureaucrac­y have often conducted themselves like families then is this the sort of practice that deserves continued support and upholding?

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