Page 31 - English Tehelka Issue 3&4

column judiciary

• judging judges The press meet by judges was
Revolt in judiciary: Can called unprecedented and shocking

experts and raises doubts about inde-
the damage be undone? pendence of the judiciary.
The decade of the 1970s witnessed
attempts by the then government to
have a ‘committed judiciary’ especially
While the latest development amounts to a no-confidence motion against the when Justice AN Ray was appointed,
Hard country’s top-most judge and the ability of the Supreme Court to fix its own superseding three other senior judges,
and second, when Justice MH Beg
LIne problems, will the exposure of institutional weaknesses lead to a stronger SC? was appointed superseding Justice
HR Khanna. Even in those times, the
Anil Singh he unprecedented step of ways. Apart from being a singular such sanctity of the court didn’t come into
holding a press conference development in the judicial history of jeopardy, in the same sense as it is now,
by four senior judges of independent India, it has brought to the because those events were the doings
The columnist is the Supreme Court on fore the much talked-about chinks in of the executive of that day and the
Executive Editor of January 12 to air their griev- the top judiciary over a range of issues, present crisis is the manifestation of
News24 news T ances, which were presum- including the manner in which the CJI the inbred problem within the apex
channel. The views ably being ignored by the Chief Justice allocated cases to his fellow judges in his court. A committed judiciary suits the
here expressed are the of India, is being touted as both a mo- capacity as ‘master of the roster’. It was ambitions of the ruling dispensation
author’s own mentous and an unfortunate develop- also argued that the CJI had gone against Independent vs. Committed Judiciary A ‘committed’ to implement its ‘unconstitutional
ment in the annals of judicial history the well-settled and time-honoured Some legal experts opine that undoubt- agenda’ in a constitutional manner.
of independent India. It becomes conventions guiding him in deciding edly at the surface level the ongoing judiciary suits the
discernible from media reports that the roster and allocation of cases to controversy may be confined to the at- ambitions of the Way Forward
the crux of the matter is a basic issue — brother judges. In other words, at the tribution of motives to both the CJI and Many legal experts opine that the pre-
whether the CJI is ‘master of the roster’ heart of the present crisis there are two the four aggrieved judges in terms of a ruling dispensation sent crisis isn’t a political issue and par-
or just ‘first among equals’. Text of the issues: how judges are appointed and post mortem of case allocations by the to implement its ties of all hues would do well to steer
letter addressed to CJI Dipak Misra how sensitive and big-ticket cases are chief justice, and the casting of asper- clear of it. Let the apex court resolve its
and released at a press conference allocated. sions on the abilities of some judges to unconstitutional issues in its own manner sans political
seemingly makes it discernible that A controversial order by the apex whom the CJI has assigned cases; none- interference so that its independence
the senior apex court judges were court in November 2017 had declared theless, what lies beneath are more agenda in a is not jeopardised. The Supreme Court
spurred to go public because of being that the CJI ‘is the master of roster’ hav- serious questions and the attribution of constitutional is one of the country’s most respected
ignored while setting up benches to ing exclusive power to decide which more insidious motives. In the after- institutions — and one in which a ma-
hear crucial cases as well as attempts case would go to which judge. However, math of the ongoing developments, the manner jority of Indians still continue to repose
to sort out the matter with the CJI the letter released at the press confer- Supreme Court of India may never be tremendous trust. It is in the fitness of
going nowhere. ence contends that the CJI is only ‘first the same again, irrespective of whether things for the CJI to take the initiative
The action has evoked a divided among equals’ and there were well- the act of the four judges is seen as a restoring the institution to strength. and reach out to his colleagues.
opinion. Protagonists say the four settled and time-honoured conventions revolt or a move towards transparency However, some legal experts do not The present crisis also affords an
judges have shown courage as they guiding him in dealing with the strength or whether it is justified or not. While rule out the possibility of the govern- opportunity for the court as well as
were compelled to speak out because of the bench required or the composi- the ongoing development amounts to ment taking advantage of a weakened the government to finalise a mutually-
‘democracy will not survive unless tion thereof. a no-confidence motion against the judiciary, at least in the short term. acceptable and transparent process
the institution of the Supreme Court Undoubtedly, legal experts and me- top-most judge of the country and the The executive-judiciary balance has to appoint judges, which, while not
is preserved’. However, the antagonists dia have dubbed the episode as ability of the Supreme Court to fix its been determined to a very large extent being raised by the four judges, remains
opine that such kind of public ‘union- ‘unprecedented’. Nevertheless, an own problems, the manner in which by the nature of political dominance a contentious topic and one that, if
ism’ is mutinous and inappropriate. agitation of near-equal proportion institutional weaknesses have been the ruling party of the day could not responsible for the current crisis,
Irrespective of long-term implications did occur in the Punjab and Haryana exposed entail the possibility of deter- command from the very beginning in at least exacerbated it. Democracy
of this move, some legal experts opine High Court over 13 years ago when, mining whether the subsequent moves the1950s and it was only in the mid- functions through institutions and
that it has exposed an unprecedented on April 18, 2004, 25 judges allegedly would be constructive or destructive. 1990s that the judiciary stonewalled the judiciary is an important pillar
level of dissension in the top echelons went on casual leave en masse to Asserting the difficulty in telling itself sufficiently against the vagaries of India’s constitutional democracy,
of the judiciary, the reverberations protest against the then Chief Justice whether the ongoing developments of the politician’s world. The manner of enjoying people’s confidence. One can
of which will not easily subside and B K Roy, who had sought an explanation will lead to a stronger Supreme Court handling the case of the death of spe- hope that the apex court will be able to
will be felt for a long time to come. from two judges for accepting member- or one weakened by a combination of cial CBI judge BH Loya, who was hear- find means of tiding over the present
ship at a golf resort near Chandigarh infighting, questionable procedures, ing the Sohrabuddin ‘fake encounter’ crisis and restoring people’s confidence
Unprecedented Development even though it was facing litigation and opacity, it can’t be said whether the case in which BJP president Amit Shah sooner than later.
The press conference is an unprec- for violation of environmental norms, present dispensation will take advan- was an accused but later discharged, is
edented development in multiple among others. tage of the weakness or work towards looked upon with suspicion by some letters@tehelka.com

Tehelka / 28 february 2018 30 www.Tehelka.com Tehelka / 28 february 2018 31 www.Tehelka.com

30-31 Column-Anil Singh.indd 2-3 12/02/18 3:39 PM