Sunday, July 9, 2017

Indian judiciary is respected world over ,for its independence, fairness and impartiality while enjoying unflinching public faith. But of late, the unsavoury episode involving a confrontation between judge of Calcutta High Court, Karnan and the Supreme Court, has created, severe embarrassment to the institution and exposed the deficiencies in The collegium system of appointment of judges. The judges of higher courts, trading charges, and pronouncing jail sentences against each other, has shocked the legal fraternity.  The seven judge bench of Supreme Court ordered arrest of Karnan, and sentenced him to six months imprisonment, for contempt of court, and also issued a gag order preventing the media, from carrying any statement by the defiant judge.
A High court judge being punished for contempt of court is unprecedented in the history of Indian judiciary. Such indecent internal battle will only erode the dignity of judiciary. If you really see the sequence he made charges of corruption against his own fellow judges of High Courts and Apex court stayed his own transfer order, issued strictures against Chief Justice of Madras High Court, and on the top of it, ordered the arrest of seven Supreme Court judges including the Chief Justice.
The unpleasant situation arising out of the judgements vis-a-vis the behaviour of Karnan, should serve as wake up call. It is not enough to think, in terms of enforcing rules and regulations as it would be viewed as strangulation of freedom of speech. The more fundamental problem that needs to be addressed is sound procedures in selection of judges. We have already seen the dissent, note of one of the judges in the collegium, Justice Chalameswar, who said that he will not be attending the meetings of collegium as it lacks transparency in selection of judges. Taking cue from the systems used in the selection of administrative jobs, police, Railways, and Revenue  services, similar approach is required in judicial administration as well.  I feel "Indian Law service" must be put in place, with meritorious Law Graduates,. These Law Officers can be promoted over a period of time based on certain criteria to become judges across the country. The selection of judges could be from the pool of meritorious Law Officers. If we can make judiciary stronger we can arrest the growing erosion of faith in judicial system.
In the instant case if Karnan, who was once a polling agent of AIADMK, and later for some time associated with Congress, is a product of defective Collegium system. His elevation as Judge raises many questions because he had virtually no known practice at the Madras Bar. By ordering his arrest and imprisonment, the Supreme Court might have sent a strong message against those making all sorts of attacks on judiciary but what is required is the correction of system. There is need for introspection and transparency in selection mechanism.