Admin

The recent statements by the Chief Justice of India (CJI) that his is a Constitutional office and therefore exempt from the Right to Information (RTI) Act , has justifiably drawn much criticism.

In 1993, a nine-judge bench of the Supreme Court laid down a new system for making appointments of judges to the high courts and Supreme Court.

The judiciary in the country today has come to enjoy enormous powers. It is not only the arbiter of disputes between citizens, between citizens and the State, between States and the Union, it also in purported exercise of powers to enforce fundamental rights, directs the governments to close down industries, commercial establishments, demolish jhuggis, remove hawkers and rickshaw pullers from the streets, prohibits strikes and bandhs etc. In short, it has come to be the most powerful institution of the State.

The foundations of public interest litigation were laid in the late 70s with cases like the Ratlam Municipalities case.

In a democracy the people should have the right to criticise judges. The purpose of the contempt power should not be to uphold the majesty and dignity of the court but only to enable it to function.

Before making detailed comments on the Bill, it is necessary to understand the problem of Judicial Accountability, which this Bill seeks to address.

The recent decision of the government to bring a bill to amend the Judges Inquiry Act and provide for the constitution of a National Judicial Council to inquire into complaints against errant judges is being perceived as a long awaited initiative to introduce some accountability for judges of the higher judiciary.

Is “democracy” a “good thing”? As the general elections approach, there is a concerted push to answer ‘yes’. Whereby, it is conveniently forgotten that for civil liberties to become a rallying cry, it was also necessary for the Emergency to be imposed! And, as one generation gives way before the next, another Emergency slowly creeps up onto an unwary nation.

Former Law Minister and Senior Advocate Shanti Bhushan releases his correspondence with the Judges of the Supreme Court, the President and the Prime Minister seeking an inquiry into certain allegations relating to Chief Justice of India A.S. Anand.