In the midst of this spiraling COVID-19 pandemic with the Judiciary too
going through very trying times, Justice N.V. Ramana takes over as the 48th
Chief Justice of India on 24th April and will have a 16 month tenure. Born
into a humble family of agriculturists in Andhra Pradesh, Justice Ramana
had during the 1975 Emergency, as a student leader, fought for Civil
liberties while sacrificing an academic year.
Justice Ramana has recently mooted the idea of the need to set up a
National Judicial Infrastructure Corporation which could go a long away
towards improving our judicial infrastructure while maintaining its
independence and autonomy.
This Corporation which could be headed by a retired Supreme Court Judge at
the centre and a retired High Court Judge in the States could act as a
median and catalyst in pursuing Judicial projects instead of sitting Judges
having to interact with the politicians in Power.
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. The highest standards of judicial independence must
be ensured by warding off even the faintest trace of governmental influence
on the judiciary.
With the sanctity of the other pillars of our democracy currently severely
dented, our only hope is with the Judiciary but with the government wanting
to overpower the Judiciary too, there is a very disturbing disquiet over
the slippery slope on which judicial values are slithering. The highest
standards of judicial independence must be ensured as the judiciary, is the
very last hope for the common man.
An effective judiciary guarantees fairness in judicial processes and
transparency. The Public must be confident that the judiciary is beyond
reproach. Transparency is a fundamental component of judicial independence.
Any direct or indirect interference by the politicians in the selection and
appointment of Judges is a threat to the very Independence of the
Judiciary. If the Judiciary is reduced to being a mouthpiece of the
government, the Courts will lose all relevance. 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 the 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.
Justice V.R. Krishna Iyer had said “Even so, the creed of judicial
independence is our constitutional ‘religion’ and, if the executive use
Article 222 to imperil this basic tenet, the Court must ‘do or die’.
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
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