Justice Katju Raises Concerns About the State of the Indian Judiciary
Should Judges Maintain Distance from Politicians?
Judge Jerome Frank’s Quote on Judicial Truth and Democracy
Justice Markandey Katju questions the independence of the Indian judiciary, citing CJI Gavai’s holiday with the Law Minister and judges’ proximity to politicians….
What is happening to the Indian judiciary?
By Justice Markandey Katju
I saw today a video which reveals, if the statements of advocate Arun Agarwal are correct, a shocking state of affairs of the Indian judiciary.
Among the other things mentioned by Arun Agarwal was the holiday of CJI Gavai with the Union Law Minister Arjun Ram Meghwal
A judiciary should be independent, politically neutral, and impartial. This requires judges not to mix with politicians ( other than the Chief Justice meeting the Prime Minister/Chief Minister for discussing funds which the court may require, increasing the strength of the judges, or other matters relating to the judiciary).
Why then should CJI Gavai have gone on a holiday to Rajasthan with the Law Minister?
Similarly, it was wholly improper for the then CJI Chandrachud to invite the Prime Minister to his residence for the Ganesh puja.
When I was the Chief Justice of Madras High Court ( 2004-2005 ) I never went to the office or residence of the then Chief Minister, Ms Jayalalitha, or her adversary, Mr Karunanidhi. Once, the Chief Minister sent me an invitation through the Chief Secretary of Tamil Nadu to attend the Republic Day Parade in
Marina Beach, where the Governor was to take the salute, which I politely declined. The reason for declining it ( which of course I did not tell the Chief Secretary ) was that in that function if a corrupt Minister or other corrupt politician extended his hand to shake hands with me, I would have to take it. That may be filmed in a mobile camera, and the next day the photo may be published in the newspapers. What then would the public think of me? Would they not think that here is a Chief Justice hobnobbing with a corrupt politician?
I was once invited by a sitting Supreme Court Judge ( who is still on the bench ) to the reception of his son's wedding in Delhi. I saw Prime Minister Modi also turn up in that event. There would be no objection if that Judge was related to the PM or he was his close friend, but that was not so. Where then was the occasion to invite him? My guess is that the Judge personally went to the PM at his office or residence to invite him? How then can the public be assured of judicial independence and neutrality?
Mr Arun Agarwal has said that the judiciary has surrendered to the government, and has related several matters to prove his point e.g. the case in the Supreme Court relating to the allegation of rigging of the voters list for the forthcoming Bihar state assembly elections, his comments on former CJI Chandrachud, former CJI Gogoi ( who was rewarded by a Rajya Sabha seat ), President of the Supreme Court Bar Association ( whom the PM went to greet on his birthday ), etc
It is not necessary for me to comment on these. Let the Indian people be the judge of all this.
I will only conclude by quoting Judge Jerome Frank of the U.S. Court of Appeals who said :
"I am unable to conceive that in a democracy it can ever be unwise to acquaint the public with the truth about the workings of any branch of government. It is wholly undemocratic to treat the public as children who are unable to accept the inescapable shortcomings of man-made institutions. The best way to bring about the elimination of those shortcomings of our judicial system, which are capable of being eliminated, is to have all our citizens informed as to how that system now actually functions. It is a mistake, therefore, to try to establish and maintain, through ignorance, public esteem for our Courts. "
(Justice Katju is a retired judge of the Supreme Court of India. These are his personal views.)
