Gilding the lily

Ram Jethmalani has many good ideas for improving the justice system and one very bad one. There is a mountain of work awaiting attention at the Law Ministry and after the unnecessary delays of the last few months it would be natural for him to be chafing at the bit. Fortunately, with decades of legal experience and a previous term, he is well placed to get to grips with the essentials of his job right away. So it is not surprising that in outlining his priorities he chose wisely to focus on reducing the backlog of cases in courts and on improving the quality of judges. But he is surely quite wrong to propose legislation on a code of conduct for judges. Even if the idea is only to give “legal shape” to the excellent code spelled out by a Supreme Court bench not long ago, why do it? It is unnecessary. Turning the code into law would do little to improve the system of self-regulation instituted by judges of the apex court. Why gild the lily? Why do what might be construed as and in practice amount tointerference with the judiciary? The present code of conduct is sound and workable. Jethmalani should explain why turning it into law is desirable. There is provision for peer scrutiny for the higher judiciary and scrutiny of the lower by the higher judiciary. What constitutes misconduct and how those guilty of it will be dealt with are set out clearly. There is no better way to maintain both the independence and the integrity of the judiciary than a strict and self-administered code of conduct.

Jethmalani intends to increase the number of judges at all levels without compromising on standards. This is good but easier said than done. It is not that there is a shortage of capable people in the legal profession but pay and perks for the judiciary especially at the subordinate level are so poor it is impossible to attract talent. Indeed the gap between the standards of living of judges and lawyers is scandalous. It is not unknown for even high court judges to wish to return to the bar and for some actually todo so. Jethmalani says he intends to remedy all this and it is about time too that the pay and perks, especially of the subordinate judiciary, were raised.

With more and better judges there is hope of cutting down the huge backlog of cases in the courts. Nothing has done more harm to the justice system in the country than the public perception that it will take years if not decades to get a verdict. Wrong-doers and racketeers routinely ensure that cases against them are buried in court. There is a huge undercurrent of resentment among ordinary people at this state of affairs. Something needs to be done urgently. Jethmalani is thinking of ways and means of cutting down frivolous litigation by government departments. He should also give thought to and invite suggestions about how dilatory and avoidable private litigation can be reduced. This could involve changes in laws, processes and institutions. The glacial pace at which judgments are handed down ought not to be allowed. Something needs to be done torestore the ordinary person’s faith in the justice system.ÿ