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| Effective judicial set up to imbibe accountability | | | KHUSHWANT S RANIAL | 4/8/2012 7:43:31 PM |
| The Judicial system is one of the strongest pillars of democracy. Judiciary provides justice to the sufferer and a new way of life to live honourably, in serene atmosphere by lessening the burden of tensions. The role of judiciary as a pillar of the democracy and that too in the secular cosmopolitan nation like ours is highly demanding and any untoward tilt in the decision on the account of prejudices is likely to create havoc. It is most sensitive institution upon which rests hope faith to deliver good to curb the simmering threats on the account of communal and parochial tendencies.
Every one pins deep amount of belief in its credibility and functioning. Judiciary is considered to be next to God in this materialistic world. In order to gain Justice, people rush to the court to seek the true blessings to overcome their hardships. But it is very sorry matter to explain that in Indian Judicial system has failed to live up to the expectations of the common masses on the account of the fact that people have to wait years together to seek the true decisions . With the backlog of pending of cases in courts across the country touching 3.5 crore , the falling confidence among litigants often leads to victims looking for street justice. Prolonged delays also means high rate of acquittal in criminal cases-it is as high 93 percent in India. This much delay often gives Khaps Panchyats and lynch mobs to step in as interlocutors to decide the fate of the cases. Those involved in the different stratum of the judiciary in one way or the other manner are responsible for the root causes behind the existing woes and mess.
Right from the clerical cadre to top echelons, everyone is engaged in fleecing the flesh of the hapless Justice seeker under the garb of providing justice. The worst form of corruption is prevalent in the courts. Fees charged by those who plead the case on the behalf of the complainant/plaintiff/appellant/ respondent is quite alarming and unaudited .Even most glaring facts to reveal is that on number of times people have been found complaining that very unpredictable decisions have been pronounced showing some sort of striking deals having been made thus, forcing to knock at the highest door of the law. Why it happens so.? Why cases are fought for the years together? Why not the seeker gains the Justice in the minimum possible time?
The erosion of the judicial set up has grown worse to such an extent that now people have been found to go for their personal settlement of the disputes .Does such a situation not amount to the old aged proverb that Justice delayed is Justice Denied.? Remember only an impartial and independent judiciary can protect the rights of the individual and can provide justice without fear and favour. Indian Judicial system has always remained an open subject to criticism for its slow functioning and corrupt malpractices. The entire Judicial system from the law to judge's selection needs revamp.
Judges are under an obligation to deliver justice but the overflow of corruption in the judicial system has rendered this pillar of democracy hollow and redundant. Recently the Judicial Standards and Accountability Bill, 2012 has been passed in the Lok Sabha without debate which is quite regrettable but it is hoped that such a proposed bill shall definitely be discussed in the Rajya Sabha before final approval and nod .At present our Law Minister Mr. Salman Khurshid emphasises that such a proposal shall strike a balance between the independence and credibility of the Judiciary on the one hand and accountability of the Judges on the other hand which earlier had been found wanting .The main aim of the Judicial standards and Accountability Bill is to make appointment process transparent and to check abuse and misuse of power by the judiciary. How strange it is that the Prime Minister of this nation is accountable but the Judge of even a lower court functions without accountability. This stretching liberty makes him high headed and the problem begins right from this unchecked freedom .
The Bill will ensure that judges restrain themselves from making unwarranted comments against constitutional/statutory bodies/institutions/persons in the open court while hearing cases. The proposed clause 47 of the Bill which checks a Judge's misbehaviour will have an impact. Further Judicial accountability provides for responsibility for decisions and explanation when asked for. So far our constitution provides for removal of a judge of the Supreme court or the High court for proved misbehaviour or proved incapacity by the process of impeachment initiated in the parliament but now under the new bill, even a common man can complain against a Judge's misconduct.
A National Judicial Oversight Committee will then examine the complaints and if necessary ,forward ,them to a scrutiny panel or a separate investigation committee to take a closer look .The NJOC will then examine recommendations to either remove the judge concerned ,issue a warning ,call for voluntary retirement ,recommend withdrawal of Judicial work or refer the matter to the parliament. At present nearly 100 members of Lok Sabha and 50 members of Rajya Sabha are required to initiate impeachment proceedings against a judge ,the Bill empowers all citizens ,even a solitary citizen with the right to level allegations. The courts in our country enjoy virtually absolute and unchecked power unrivalled by any other court in the world so far .
It is absolutely vital that Judges of the superior Judiciary be accountable for their performance and their conduct -whether it is for corruption or for disregard of constitutional values.In the US the appointment made by the president is subject to the approval by the Judicial committee of the senate which questions judges by open proceedings .It is expected that in India Judiciary will imbibe accountability and transparency into its system with this passage of the Bill . The journey we have started with the right of Information Bill has progressed further with the Judicial Accountability Bill, hopefully with the Whistle Blower Bill and Lokpal Bill we will have more transparent and corruption free governance which will rid the society of the prevailing evils and help in restoration and reposition of faith in the Judicial review system. |
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