I am very happy to listen to the news pertaining to the approval of the cabinet to the Judicial Standards and Accountability Bill, 2010. I believe that it becomes law very soon. I know that it will not be easy to deal with the issue of corruption in Higher Judiciary even after the proposed law, but, it will be a good beginning. The judiciary in this country has enjoyed so much respect in the past and it has started degrading day-by-day and there is an urgent need to restore the lost dignity. The issue of judicial reforms is not confined to the judges, their rights, independence etc. and it pertains to the larger public interest. We can not expect reforms in the lower judiciary if reforms in Higher Judiciary are not concentrated to. Now a day, if you listen to the professionals practicing in a particular High Court, then, they will definitely be able to say about many judges and their attitudes. Many professionals would also say as to whom to be engaged if a particular matter is to be moved and an urgent order needs to be obtained. These are all facts and nobody can deny the facts. If there are isolated cases in judiciary, then, there can be justification that it will happen in the system at times. But, issue of appointments to the Higher Judiciary, the style of functioning, the dignity and the impartiality etc. are severely criticized by both the professionals and also the general public. The independence of the judiciary will not be disturbed with the proposed Bill, but, it is likely that the people may not consider judiciary as independent completely if we do not concentrate on the reforms.
I could perceive a sense of feeling in some High Court judges as if they can pass any order based on their discretion and even without looking at papers. They can say that they have understood the case curtailing your right to representation. They can listen to a case for days of they choose. Again, I know many brilliant young graduates, but, they are not encouraged in profession and as a result they join corporate houses or the law firms as in-house attorneys. This society requires talented lawyers and talented lawyers concentrate on the reforms in the system too. I often feel that inability is being considered as ability in the system today and the actual ability gets ridiculed at times. People look at the Constitutional Courts with belief and they feel that they can even question the politically mighty in the courts. Such is the expectation of the people over judiciary and as per the spirit of our constitutional framers; the Constitutional Courts are expected to function well. If somebody feels that the salary of a High Court is not enough for him to fulfill his desires, then, he should not, at the first place, consent to be appointed as the High Court judge. Again, if a High Court judge demands for the hike in the salary and privileges, the entire country will be behind them and support them. We know the work being done by a High Court Judge and how committed judges are serving the society. They will come to court at 10.30 a.m in the morning. They will start listening to the cases and handling the inside-court atmosphere till 1.30. Then, again, they will sit at 2.30 and continually listen and pass orders on variety of cases till 4.30 or even 5 p.m. Many judges even will read the case papers of the cases coming next day which will enable them to understand the matter quickly and dispose of the matter effectively and quickly. They will do their own independent research at times and their mind will also be continually functioning during all working days and even after court hours. There are restrictions on the High Court Judges in mingling with the society and thus, a committed judge does lot sacrifice and service the society. The professionals and public salute the committed judges and they continue to enjoy all the required respect. There can be judges who feel that they can do anything sitting on the bench and they will see the post of a High Court Judge as a power house like the ministry rather sacred responsibility towards the people.
Again, the encouragement to the able and young talent in the profession is lacking today. The encouragement is lacking from the senior advocates and also the bench at times. It is a loss to the society as the society requires professionals with standards and with the tremendous economic growth, this country requires lot of talent. I strongly believe that this system can very well be corrected. But, Government alone can not solve the problems. The Central Government alone can not deal with the situations. The professionals, the established lawyers, the senior advocates, the professional bodies and judges, the state government etc. should take their part of responsibility to correct this system. When I look at some High Court judge who lacks the basic qualities required to act as High Court Judge, I get surprised as to how come he has been appointed as High Court Judge. The standards in appointments are a serious issue to be considered in the coming days. Standards in the profession are also major issue and we have professionals practicing in court and who can not even write an adjournment petition without mistake. I don’t understand this system. The system has gone to the extent of conveying that being inefficient is the quality required for success in the profession. While I know brilliant lawyers with abundant knowledge at a very young age, I know many professionals who lack the basic required qualities to be a professional. This problem is there in all professions and legal professional can not be an exception. It is there in Medical Profession and in all professions. But, it is very difficult to address the issue of existing standards in the profession and in the course; we can take steps to ensure that only professionals with basic qualities enter into profession. I do feel that the steps are being taken now and we need to see as to how it works.
If we bring the proper reforms in the legal or the judicial system, then, there will not be any pendency before courts and we can be able to clear all the pending cases in a record time. It is the time to focus on reforms in order to cope-up with the overall growth and the judicial system can not remain stagnated. I am of the strong belief that there can not be any effective alternative to the traditional judicial mechanism when it comes to dispute resolution. Of course, the mediation and lok-adalats are to be strengthened.
I believe that the proposed Bill on Judicial Standards and Accountability becomes law very soon. But, I am also conscious of the fact that the proposed committee may not produce the intended results for the reasons which gets exposed in future. But, it is a beginning for land-mark reforms in the judicial system in the country. Central Government alone can not deal with the situation. The State Governments, the professionals, the professional bodies, the senior advocates etc. should also effectively work towards correcting this system. I don’t believe in the illogical presumption that the system can not be corrected. System can very easily be corrected, but, we need the committed leaders to correct this system. Earlier, one used to think too much to comment on the High Court, Judiciary and the judges. Now everybody is commenting on the judiciary and the Electronic Media attacks the judiciary very often. Judgments are discussed in Television Channels now. This situation should change and judiciary should reclaim all its lost dignity. There can be professionals and senior advocates saying that the situation is getting exaggerated, but, in my personal opinion, there is no exaggeration when it comes to the comment on the functioning of Higher Judiciary now with all the respect to the committed and clean judges.
Hoping that Indian Judiciary will soon be able to capture all its lost dignity or respect.
Note: the views expressed are my personal, with utmost respect to the judicial system and no intention whatsoever to personally insult any one or judge.
Author:
V.DURGA RAO, ADVOCATE, MADRAS HIGH COURT.
Email: vdrao_attorney@yahoo.co.in
