Who bosses the boss??

A need for Judicial Enlightenment

Over the past week, much debate has been raged over the statement made by our Prime Minister, Dr. Manmohan Singh on judicial activism and overreach.

The intervention of the apex court in reservation case (OBC quota) hasn’t gone too well with the politicians. For a head of state to question the powers of the judiciary in presence of Chief Justice, shows the state of distraught within the govt. Undoubtedly, in a political and democratic system such as ours, judiciary represents the voice of a common man.

An independent judiciary is the only means for a checking the rampant vote bank policies adopted by the govt.

But, besides supervising the legislative and executive, the main role of the judiciary is to set up an egalitarian social and economic order. It must provide coherent justice free from personal predilections. The present scenario, ironically is completely the opposite, obvious reason being the absence of jurisprudential discipline.

Thus, Chief justice, Balakrishnan and 400 odd high court judges have the responsibility to bring about reforms in their own system which has the supreme unchallenged power.

There must be a check on brother judges (of the lower courts) who are often influenced by money and power. We see innumerable cases in which the opulent finds the escape route with the weapons of influence and wealth. A prime example is the emotional breakdown of Justice Laxmanan inside the court while hearing Mulayam Singh’s case for disproportionate assets after receiving a threat letter. If a high court judge can be forced to withdraw from the case, just imagine how a district court judge could be influenced.

Not to forget the Jessica Laal murder case where the accused were scot-free by a lower court judge. Social and economic biases have become the working philosophies of many a judges. People have lost faith in the system. With over 20,000 cases pending with the President, the hope of getting justice has indeed been on the decline. Of late a few cases such as Priyadarshini Mutto and Jessica Lall have instigated some confidence in the judiciary but it seems a little too little, a little too late.

If judicial activism is must for a the proper functioning of the legislature, then Judicial enlightenment is the need of the hour for a free and fair society.

The selection to the courts is done behind closed doors and it must remain that way, but the selection procedure must consider individual ideas and philosophies. There must be a constant check on the lower court judges and promotions must be done on merit rather than experience. The awesome breath of judiciary power must be matched with real depth of Judicial Responsibility. Judiciary should realign itself with the Indian society and its existential plans.