Scrutiny of Judical Working in India

Once again Judiciary is under scanner in background of Arunachal Pradesh Ex-CM Kalikho Pul's Suicide note and serious allegations against top guns including those in the Judiciary. Without going into the merit of this case [ as the matter is subjudice (!!) and also I am handicapped with the lack of information], I feel it is high time that Judiciary be made more accountable, if not to the others at least to people of India (Bhagaya Vidhata of India). National Judicial Accountability Commission (NJAC) met with a fate which was unwarranted not only because it was passed by a unanimous voting by both of house of world’s largest democracy of India (We take in pride in being addressed as this) but also because it is more transparent and accountable system in obvious ways than present system. While judiciary occasionally passes earth shaking judgements to bring reformation in the working of executive and at times in respect of legislature also but seldom anything like this has happened with respect to judiciary itself. At times even reasonable criticism is attempted to be throttled on name of contempt of court (I have my doubts but I don’t question the justice !!). An organization which calls itself the champion of individuals’ right and guardian of The Constitution of India should definitely lead by example. Everything in this world may come under the purview of RTI but not even the appointment of Judges forget about the Judgements being passed. Someone please help me understand the rationale behind this !! (I may be ignorant). Hon’ble Supreme Court through its judgement struck down the provision of ‘Single Directive’ i.e. the requirement of taking the approval of the Central Vigilance Commission before initiating an inquiry into complaints of corruption against senior level civil servants (above the rank of Joint Secretary). But in the case of its own house SC in 1991 in the Veeraswami case had ruled that SC and HC judges could be probed for corruption but only with the prior permission of the CJI. I don’t want to discuss the merit of such protection to civil servants or judges but I am not able to apprehend why judiciary and executive shouldn’t be treated at par. Everyone knows judiciary in India is any day more protected from other government branches and also least accountable to either legislature or executive. Everything can’t be justified on the name of independence. Independence of any organization shouldn’t just be a matter of institutional achievement, one needs to see all the institutions of India as a whole and how any of these institution’s independence is helping the last mile to celebrate her birth in this land. NJAC was also struck down on the premise of it being in violation with judicial independence. If I objectively see the performance (without giving discount on the name of limitations) of different institution of governance I find executive is faring over the other two. Of course executive itself is triton among minnows and there is much in wanting. Last year the then CJI Justice T S Thakur broke down in front of the PM over the resource crunch, Judiciary has to face. While duly acknowledging the fact as stated by Justice Thakur, I request the people of India to have a cursory look over the challenges (of course including resource crunch) under which executive is working, the primary being population to the man power ratio in every department of GoI. These deficiencies can’t be overcome in a year or two. Parliament increased the number of Judges from 8 in 1950 to 11 in 1956, 14 in 1960, 18 in 1978 and 26 in 1986 and currently there are 31 Judges in SC and more may be inducted in future. But there is an urgent requirement of certain fundamental changes in the culture of working of different organs of the government and that may not require many more resources than presently in use. We must understand that after all the Hon’ble Judges are human being (hence rational being) and their judgments are not infallible. The presence of four cardinal virtues Prudence, Temperance, Fortitude and Justice, together can only help an individual overcome the self-part of his/her being. And since these four virtues are rarely endowed to an individual, I think human being should always be subjected to certain mechanism of accountability without compromising his/her individual judgement. As executive is unworthy of becoming the Mai-Baap, so are the other branches of national polity. Individuals are not only the master of themselves but together they are the Bhagaya-Vidhata of the country. Judiciary can assert in better way if it puts its house in order. Like other services there should be All India Judicial Services. Also appointment of Judges should open to public scrutiny. Further there should be an independent commission to enquire the misconduct and allegations of impropriety against the judges. Like in Income Tax, where cases gets time barred with time, Judiciary should buy the concept of time barring of cases. It goes without saying that Judicial Independence should not be compromised but judicial independence is just a means, goal is Justice for All.