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Journalism of Courage
In the current ambience of widespread moral turpitude that has tarnished both executive and legislature in equal measure, the one democratic institution that has emerged with its reputation largely intact is the higher judiciary.
The Supreme Court has embodied, both at the symbolic and substantive levels, the highest values of the republic, notwithstanding the constant attempts of variegated lobbies to try and ingratiate themselves with the guardians of justice.
On the face of it, this seems fairly innocuous. After all, what is a free cellphone and a few free calls in an age when political favours include the handing over of petrol pumps and prime property?
Yet, MTNL8217;s move has a symbolic significance that cannot easily be overlooked, especially since the Supreme Court happens to be presiding over a case that could affect MTNL. MTNL itself gave the game away by seeing the transaction in strictly non-philanthropic terms.
It was the 8216;need to generate goodwill8217; that is 8216;essential in a highly competitive market8217; 8212; as its chief general manager had put it 8212; that had inspired this package for the judges, and not any inordinate desire to help the functioning of justice.
This begs the question, what exactly was MTNL seeking in the 8216;highly competitive market8217; through its bid to create such 8216;goodwill8217;?
Goodwill, such as the MTNL is seeking, can have complex consequences and no one knows this better than Their Lordships themselves.
Indeed, in 1997, the Supreme Court, in a bid to ensure an independent, resilient and respected judiciary, had evolved a self-regulatory code entitled, 8216;Restatement of values of judicial life8217;.
Again, in 1999, when a pro-active union law minister had threatened to institute a judicial reforms commission in order to regulate the functioning of the judiciary, the judges of the Supreme Court resisted the move and unanimously resolved to adopt the proposed code that would serve as a touchstone for general conduct.
The code recognised, above all, that the behaviour of members of the higher judiciary must reaffirm the people8217;s faith in the impartiality of the judiciary and that every judge must be conscious that he is under the public gaze.
This is the moral imperative that is embedded in the very idea of an independent judge. It8217;s more vital than ever that this spirit is preserved at a time when so many institutions are under relentless attack from the executive and politicians and the higher judiciary seems to be the only beacon of hope.
