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Revolt in the Higher Judiciary

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January 16, 2018

What is the issue?

  • Recently, in an unprecedented move, the four senior-most judges of the Supreme Court openly revolt against the Chief Justice of India (CJI).
  • It is important that the judges of the Supreme Court should sort out their differences internally and amicably.

Why did they revolt?

  • The allegation was that the CJI has been assigning important cases, selectively to Benches of his preference, in contravention of the established convention.
  • In justification of their otherwise objectionable conduct of making public allegations, the senior judges claimed to have no other option.
  • They claimed that democracy is in peril, and stressed for radical steps for preserving the judicial institution.
  • They even stated that the impeachment of the CJI is for the nation to decide.
  • This incident has sent shock waves across the country in general and in the legal circles in particular, and has got a mixed response for all quarters.

How has the reactions been?

  • While most senior jurists strongly condemned the act, there were some supportive voices too, who stressed on the need to focus on the issues raised.
  • The action of the four judges has caused serious damage to the credibility of the institution, and has set a bad precedent of going public with grievances.
  • Also, this has given an opportunity for politicians to assertively muddle in the functioning of the judiciary with loose statements.
  • Notably, the CJI, PM and the government have been maintaining silence on the developments to prevent escalation, which is commendable.
  • The Bar Council of India and the Attorney General of India have urged for an amicable solution by the judges, which spells optimism for the future.

What is the way forward?

  • The CJI also cannot absolve himself of responsibility from the current fiasco.
  • While he is mandated to lead the judiciary, it does not mean that he is empowered to act arbitrarily in exercising his powers.
  • The CJI is the first among equals and he is the captain who has to carry the whole team with him, while enjoying their goodwill and support.
  • The judges now have to sit together and arrive at a consensus and present a united forum for the public to see.

 

Source: The Hindu

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