We all need to be part of the crusade to ensure that the Judiciary remains free from any political interference or manipulation whatsoever. The loyalty of every Judge in our country has to be only to the very sacred Constitution of India.
As those in Power want to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope, down which judicial values are slithering. To ensure the highest standards of judicial independence and to ward off even the faintest trace of governmental influence on the judiciary, there needs to be at least a two year “cooling off period" for retiring judges before they accept any posting after retirement. No Government must dangle a carrot or put a price on the heads of our Judiciary or senior civil servants to perform in a way that bends the rules rather than in the public interests or according to the letter and spirit of the law. The need for the rule of law and separation of powers between the Executive, the Legislature and the Judiciary is paramount in any democracy for good governance to prevail. An independent judiciary can properly enforce the rule of law only if it is characterized by impartiality and integrity. As judicial independence of Judges rests entirely on maintaining an incorruptible detachment from the government of the day, it cannot be allowed to be morally compromised by lobbying for cushy post-retirement sinecure postings. We have witnessed instances where Judges have fixed their retirement nests much prior to even demitting office. In times when the Indian Judiciary is passing through a very turbulent phase, this “jobs-for-the-judges” syndrome could place judges potentially open to governmental influence leaving scope for "pre-retirement judgments" being predisposed by the craving of a “post-retirement job". The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. There is a need of concerted efforts towards propping up highest standards of judicial accountability. The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless ending up as dens of chicanery and jugglery. Andrew Jackson, the late American President believed that all the rights secured to the citizens under the Constitution are worth nothing except guaranteed to them by an independent and virtuous judiciary. Aires Rodrigues Advocate High Court C/G-2, Shopping Complex Ribandar Retreat, Ribandar – Goa – 403006 Mobile No: 9822684372 Office Tel No: (0832) 2444012 Email: airesrodrigu...@gmail.com Or airesrodrig...@yahoo.com You can also reach me on Facebook.com/ AiresRodrigues Twitter@rodrigues_aires www.airesrodrigues.com