[Goanet] QUO-VADIS OUR JUDICIARY - IS IT COMPROMISED BEYOND REPAIR?
Supreme Court Judge Justice Mukeshkumar Rasikbhai Shah has yesterday termed Prime Minister Narendra Modi as "our most popular, loved, vibrant and visionary leader", while speaking at a virtual function for the release of a commemorative stamp on the occasion of the diamond jubilee of the Gujarat High Court. On 12th August 2018, the very Justice Shah had called PM Modi as his "model and hero", while speaking to the press after he was sworn in as the Chief Justice of the Patna High Court. In less than three months on 2nd November of that very year Justice Shah was elevated as a Supreme Court Judge. Last year, now retired Supreme Court Judge Justice Arun Mishra had courted controversy by saying that "PM Modi was a versatile genius who thinks globally and acts locally", while speaking at a public function. The Supreme Court Bar Association later passed a resolution criticizing Justice Mishra's comments as 'reflecting poorly on judicial independence'. The most important and vital tenet of our Indian Constitution is the separation of powers and is very clear on the distinct roles of the Executive, Legislature and Judiciary. These three wings are expected to operate very independently in their respective earmarked fields. It envisages a free, fair and independent Judiciary. There is a need of concerted efforts towards propping up highest standards of judicial accountability. The loyalty of every Judge in our country has to be only to the very sacred Constitution of India. 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
[Goanet] QUO VADIS OUR JUDICIARY?
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’. 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. While there is need of concerted efforts towards propping up standards of judicial accountability, 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 by warding off even the faintest trace of governmental influence on the judiciary. 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 a mouth piece of the government, the Courts will lose all relevance and end up as dens of chicanery and jugglery. 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 all judges conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the temples of Justice become pointless. Caroline Kennedy had also very rightly said “The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing” 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
