A RUDE WAKE-UP CALL
Why has this cropped up ?
Recently, a resolution of impeachment of the Chief Justice of India was proposed which is a matter of grave concern.
Why is this a matter of concern ?
• When the political community sets out to handle a matter pertaining to the judiciary, a sense of acute discomfort descends in judiciary.
• A fearless judge is the bedrock of an independent judiciary, as much as an independent judiciary itself is the foundation on which the rule of law rests.
• Fixity of tenure and removal only by impeachment, no doubt, are guarantees for independence. But in a perception-driven world, the incalculable
• Even a mere admission of an impeachment motion can cause a damage, and the consequential loss of reputation.
• Till the proceedings conclude, the functioning of the judge concerned comes under a cloud and even an ultimate exoneration cannot give him or her back the enormous loss of honour.
• This is quite apart from the incalculable damage the process itself causes to the institution of the judiciary.
• In the eyes of the international community, the executive government also will be shown in a bad light if the judiciary in the country is not independent and strong. Business will not be forthcoming. Tourism will suffer.
What should be done ?
• While a corrupt judge should be impeached without doubt, it must be ensured that the large body of independent judges is protected.
• After the Second Judges case, today the power to appoint judges of the higher judiciary vests in the apex court. Removal being directly connected to appointment, it is only logical that the first filter in the process vest with the judiciary and not the legislature.
• The principle of independence of the judiciary on which the Second Judges Case was founded for the aspect of appointment should apply with full vigour to the initiation of the removal process.
• The Judges (Inquiry) Act expressly provides that the presiding officers, before admitting a motion for impeachment, will consult such persons as they deem fit. It can be safely presumed that while the peer group will immediately concur to get rid of the black sheep from their midst, they will zealously safeguard a judge who is unfairly targeted.
• There is a perception in the community that attempts are being made to considerably weaken the judiciary. There is also a feeling, that enough is not being done by the judiciary to check that attempt. It is time for the judiciary to assert itself.
• Vacancies are mounting and pendency of cases is reaching alarming proportions. The faith of the people in the judiciary should not be lost. It is time that by a judicial order the Memorandum of Procedure (MOP) is set out and a mandamus issued to government to follow the same and clear pending appointments in a time-bound manner.
Conclusion
If the judiciary is perceived as weak, more and more impeachment proposals would do the rounds. There will be fear and insecurity. The rule of law will be a far cry. All this will deliver a serious blow to the economy. A is strong, fearless and independent judiciary is the essence of democracy.
Relevance : GS 2
Try this probable Mains question :
Has judiciary in India been losing its independence? Explain with examples. [ 250 words ]
