JUDGING OUR JUDGES

Judiciary, Supreme Court, chief justice; when these words come to our mind then a feeling of honesty associated with them follows the thoughts. This is the magic of these institutions that has been created in the minds of our countrymen. And what’s the point of creating them if they are not able to leave an impression of highest level of honesty, impartiality and integrity? These are expected out of them because they are the guardians and protector of natural justice, fundamental rights of individuals, checks on executives etc. Judiciary ensures whether other organs (Legislature, executives) are under their limits or not.

In short judiciary micromanages our lives. It affects everything around us these days from education to health, from infrastructure to city plans, from corruption to appointments. You name anything and there it is. This is due to the activism of judiciary that its sphere has increased many folds than our forefathers even thought of it. In fact member in judiciary (judges) are supposed to be the superhuman among others.

But some unfortunate incidents in the recent past have raised some serious questions on the credibility and SUPERHUMAN thing of this institution. Two examples of Mr Y.K. Sabharwal and Mr K.G. Balakrishnan have tarnished the image of this temple of justice. Serious allegation of favoritism and corruption has been put against them. These are just two examples among many who rocked our judiciary system. Let alone High Courts where bhai bhatizawad is not uncommon, these incidents are from Supreme Court and two names mentioned are the former CJI. Allegations were put by reliable sources no doubt but why this happened at first place, this is the question? When whole countrymen see CJI as an image of God of Real world Justice then even allegations put against them is a serious matter. They are human too and mistakes can be there but question again is “Is this the first incident they have used their power for unnecessary gains?” When someone is placed on such a position then even allegation are out of question, let alone allegations be proved.

Now question arises: who is going to judge a person who was (is) at the highest position itself? Who is going to punish the king? This is again a matter of puzzle and solution of it leads to another puzzle.

We can’t leave the matter to person/persons (CJI or another apex court judges) and expect judgment free from all kinds of impartiality. This is a kind of joke in itself when a judge will punish another judge!

This is a matter of contention between judiciary and executives and it has taken a form of judicial appointment bill where executives would have say in appointments of judges. This is true that there is not much transparency (even not at all) in their appointments and also in cases put against judges itself. There is lack of accountability in our judiciary system but JAB as a solution of this is in disdain in itself. But as it always happens, depth of water can be measured only by entering into it. So only after passing the bill and then comparing it with already existing system is the key.

Supreme Court is the highest authority of delivering justice in our country and it has been proving itself more than what it was made for. People of our country has full faith in our system of justice and that has been created by our judiciary itself by awarding great judgments in high profile cases like 2G, Coalgate and Asset case of Jaylalitha are just recent ones. A few cases of corruption by individual Supreme Court judges are the matter of great concern because the chances of injustice can’t be afford at this level since there is no other place people can seek justice. Judgments done here having faults cause the “loosing the faith” in justice and in system as a whole. Ultimately solution lies in the judiciary itself. Only judges,keeping in mind the values of justice and maintaining the highest possible level of integrity can restore the faith. A protector of rights is at the highest level of strata in minds of people and web of civilized society is well organized only when justice is achieved.