JUDICIARY ON CRITERION OF JUSTICE

The former prime minister of United Kingdom made a statement, Herald Wilson said, ” one week is a long time and effective period in politics.” From the point of view of INDIAN JUDICIARY one weekend was long and filled with challenges. When the four revolutionary judges were asked how modus operandi will function after all these incidents, the answer came that things will be fine once the court will refunction. First time since independence the pillars of indian apex court came in front of cameras to safeguard the sake of democracy.

The judiciary of India was shaken for 48 hours, behind the certain efforts for compromise might have been done, political operations from both the sides might be looked upon. And most important factor the four judges, the one who was targeted by his peers the CHIEF JUSTICE and other 20 judges of highest institution of justice might have introspected regarding what has happened. Although inside court, Chief Justice is ‘first among equal’ but on administrative level, he is in-charge head which is the bone of contention here.

For the regular and normal conduct of court, the two sides must be understood, ironically the caretakers of law in India are on two opposite sides. Mentioning our Supreme court justices as two parties is disheartening. A layman approach the court of law to make sure his side will be heard and justice will be rendered but there is no such option with the law superiors in court. What they need is a senior, unbiased and institutional mind who can resolve the matter, does such person exist?

In last two and a half decade the apex court have reserved its institutional bound aries. Law minister do not involve in communication with such. The situation was different during the time of Hans Raj Bharadwaj, his political intelligence and master in law was beyond comparison, his stature and magnitude was next to excellence. The scenario is different now, there lies no possibilities for newly appointed president his excellency Ramnath Kovind on comparison level to act as a counselor for judges, but the time is apt where he can established himself as an able and effective president.

We follow Anglo Saxon mechanism of legal service, where laws laid down and procedure established are on the basis of certain official practice. Neglecting the experience factor or seniority level, the internal politics among judiciary selections especially during the time of Indira Nehru Gandhi. But without doubt the history gave us timeless and highly respected judge: Justice HR Khanna, but still he never became Chief Justice of India although he was most deserving, but such incident never took place.

For decades, everything in Supreme Court was within collegium, nothing is transparent, no official announcement was ever made why an appointment is done, on what basis a judge is recruited or on what grounds he is deprived of the same.The judiciary is what being blotted by controversy and the country is shaken, the prime need today is fast recovery of matter and the fact that no party should take undue advantage of row.

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