1. Judging The Judges: Need For Transparency and Accountability
- Author:
- Ajit Prakash Shah
- Publication Date:
- 07-2019
- Content Type:
- Research Paper
- Institution:
- India International Centre (IIC)
- Abstract:
- One subject that has been rankling me greatly for the past several months, and, I am sure, many of you, too, is that of the accountability of judges. The immediate trigger for my selecting this subject was, of course, the allegations made by a former employee of the Supreme Court of India against the present Chief Justice of India (CJI), and the events that followed. Over the past few months, several people have expressed concerns about how the judiciary must deal with such cases, and the accountability mechanisms that exist to monitor the judiciary in its actions. The issue still remains unanswered, and the incidents that took place reveal the many weaknesses in the in-house mechanism that is employed for resolving such matters. Without passing judgement on the truth or falsity of the allegations, I must admit there are certain stark facts that stand out which demand consideration. A permanent employee of the Supreme Court of India was removed from her post on the flimsy allegation of availing casual leave for half-a-day, and protesting against her seating arrangement. Her relative was dismissed from the same service soon thereafter. She made allegations of sexual harassment against the CJI, in response to which an unusual hearing took place on a Saturday, without a petition having been moved. In what was termed as a ‘Matter of Great Public Importance Touching upon the Independence of the Judiciary’, the person holding the highest judicial office in the land sat as a judge on his own case. Three judges attended that hearing, but the order that emerged was surprisingly signed only by two of those three, with the Chief Justice choosing to abstain.
- Topic:
- Law, Supreme Court, Accountability, Judiciary, and Legal Sector
- Political Geography:
- India