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An honest judge needn’t fear accountability bill: CJI by Krishnadas Rajagopal

Do not put us all in the same category of “corrupt” judges; a judge with integrity need not worry about the judicial accountability bill, Chief Justice of India S H Kapadia said today, issuing an open challenge that if “you” want to dismantle the institution of judiciary, first show how to build a better alternative.

The CJI in his speech on the Supreme Court lawns on Law Day said it is time that “eminent jurists” deliberated on constitutional concepts, and find that judicial independence has “acquired renewed significance all over the world”.

“We judges do not mind a studied, fair criticism. The problem is generalisation. If you have a judge who, according to you, is corrupt, take the position and say so in public and tell the Chief Justice that this judge is corrupt. Do not put everyone in the same category. This is where the problem arises. The point is, please do not bring the entire institution into disrepute,” he said.

“Let me give you a fair advice, please do not dismantle an institution without showing how to build a better one. Please give us that this is how you will build a better one and we will implement. I promise. Because one thing we must keep in mind... please keep these words in mind, when an institution no longer matters, we no longer matter,” the Chief Justice, who spoke after Law Minister Salman Khurshid, said.

The Supreme Court recently came under attack in the Rajya Sabha during the impeachment proceedings of former Calcutta High Court judge Soumitra Sen for misconduct.

Member after member had used the proceedings in the House to highlight the incidents of corruption within the higher judiciary and blamed it on the opaque procedure of appointment of judges through the collegium system.

The judicial accountability bill, which will get members of the Executive involved in the judicial appointments process, has been tabled in Parliament.

“In the hierarchy of values, judicial integrity is even above judicial accountability. If the man, if the judge, has integrity, he need not worry about the judicial accountability bill. I am very clear on this. Judicial accountability needs to be balanced with judicial independence,” the CJI said.

“Yesterday I saw on TV that even in Egypt, where lot of tensions and problems are going on, one of the interviewees saying that we need an independent and impartial judiciary. Today we have it. We are lucky to have it. Please let us see that this institution remains. I personally do not believe that we should appoint people only for the sake of appointment and not go by their quality, particularly in the higher courts and the Supreme Court.

We need lawyers and judges of competence, of excellence,” he said.

The CJI also had a word of caution for his “brother judges” — do not cross the line when passing orders in public interest litigation, particularly when the case involves economic offences and has economic consequences.

This comes immediately after the Supreme Court slammed lower courts’ denial of bail to five corporate executives chargesheeted in the 2G scam. The five accused had spent over seven months in jail. The 2G matter was kickstarted after a PIL was filed in the SC.

“There are matters which are coming in PILs which need to be handled very carefully keeping in mind the consequences of our orders, particularly in economics,” Kapadia said.

Judicial orders should not upset the balance of India’s democracy, he said: “Keeping in mind the doctrine of separation of powers, my advice to brother judges is that judiciary has to exercise considerable restraint to ensure that surcharged democracy does not lead to breaking down of the working of the parliament or the government. We need to operate within the demarcated area, that is the constitutional principle.”