IMPLICITY

How Will The Supreme Court Debunk Threats?

Posted in Constitution, public policy, social theory by Gautam on November 4, 2009

In September, Mr.Fali Nariman in an interview recommended an appointment on the lines of what may be a ‘Judicial Ombudsman’.  One of the major controversies surrounding the Apex Court is its system of self appointment; this being the subject of criticism from various fronts, Mr.Nariman advised that the appointment system of elevating judges to this Court be institutionalised.

Around the same time, the Delhi High Court upheld a direction from the Central Information Commission which action on a petition from Subhash Agarwal, made it mandatory for the SC to provide information to him as to whether the Judges of the Court had disclosed their assets as per the 1997 resolution of The Court. Public dissent was compounded when the deatils of vast tracts of land owned by the Karnatake Cheif Justice Mr.Dinakaran were exposed pending his elevation to the Apex Court. The controversy now was not just about the integrity of the Judges of the Court, but included the screening process towards their selection and an additional mechanism of accountability.

Seldom in the history of our nation thus far has the Supreme Court witnessed such a relentless set of criticisms against its functioning as it is now. How does the Apex Court propose to respond to this decline in its integrity?

Delisting J.Dinakaran from being elevated to the SC and the disclosure of the assets of the 20 sitting judges of the Court will do a lot to repair the damage already done. However, questions regarding the maturity of the system will hover until specific answers striking at a set pattern of cross institutional concurrence that will not only ensure the independence of the Judiciary as such but also complete the notion of checks and balances on all organs of the State.

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One Response

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  1. sboray said, on November 5, 2009 at 11:49 am

    Personally i feel that the judges shouldn’t be given a choice to decide whether they want to reveal their assets or not.That just defeats the purpose of accountability.This is an example of a half baked cake model, either u bake the full thing or dont bake it at all.Same logic can be used here, either you reveal all that you own or dont show us anything.


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