Judges on course

Quite literally so, it appears, as the issue that brought about the final stand-off demonstrated. The chief justice had sought an explanation from two judges for having accepted ex-officio membership of a golf club that was itself the subject of litigation since it was allegedly situated on forest land, as this newspaper has reported. If the layperson can easily perceive the rationale behind the chief justice8217;s concern over the image of the judiciary, how much more should the judges themselves have done so? Their decision then to go on mass leave 8212; which can only be interpreted as a move to protest the chief justice8217;s attempts at self-regulation 8212; speaks poorly of their commitment to uphold the honour and integrity of their calling.

The higher judiciary has long resisted any attempt from outside forces to cleanse its stables. It has passionately argued, for instance, against the executive assuming any powers in this regard, pointing out that such moves would seriously undermine the independence and autonomy of the courts as envisioned in the Constitution. Every time the matter emerged in the public domain, the judiciary had argued that it is well capable of doing its own regulation and ensuring that the stream of justice remains unsullied. So far it has had its way despite the attempts of a variety of law ministers to set up systems of accountability and transparency within the judiciary. But incidents like the latest one from Chandigarh indicate how tough self-regulation is in the face of a conspicuous lack of interest that many on the bench evince in such a project. That, for some, the membership of a golf club is placed at a higher plane than their own reputation as upholders and guardians of justice, shows how compromised the process of justice has truly become in some cases. The judiciary, as an institution, will have to show the necessary will to correct this sad state of affairs, if it is to demonstrate its ability to correct and self-regulate its own functioning.

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