Dinesh Kamath's Editorial 'Judiciary should be both accountable and independent' that was published in Newsband

Judiciary should be both accountable and independent

The process initiated by major Opposition parties to impeach the Chief Justice of India is an unprecedented crisis. Their main charge is that CJI Dipak Misra selectively assigns cases to Benches of his choice. The CJI has stuck to his position that as ‘master of the roster’ he has the prerogative to allot cases. The argument is that the power to allot cases should be exercised by the Chief Justice in consultation with senior judges.

The movers of the motion do not have the numbers to get it passed. And it is wholly within the power of Vice-President and Rajya Sabha Chairman M. Venkaiah Naidu to decide whether to admit it. The impeachment attempt led by the Congress is to highlight its claim that key democratic institutions are in danger under the present regime. What will cause greater damage to the institution, pursuing the process or rejecting it outright?

Any inquiry into the CJI’s conduct will imperil judicial independence. Ignoring the allegations will be more dangerous. Both accountability and independence of the judiciary have to be maintained.

Congress is setting a bad precedent. Judiciary should be kept away from petty politics. What if tomorrow BJP brings an impeachment process against any judge, supposedly appointed by the UPA government? The judicial posts should not be made like the governor posts.

Accountability and Independence of the judiciary, cannot be compromised, importantly when the common people seeks help of the Judiciary, as the last resort. Everyone knows that Congress is desperate and has launched an all out attack against the parliament by sabotaging its functioning, EC, EVM and now the judiciary. This ''my way or high way'' approach is going to bring to it more disaster than it faced in the wake of Emergency.

It is true that accountability is the crux of shouldering power. But what was the practice all these years? Did every CJI consult his senior colleagues while allotting cases to benches? If yes, no change should be allowed. If no, no change should be allowed. Basically, some lawyers want select judges to hear their cases. The CJI does not oblige. That is the crux.

Judiciary has never has been in such a turmoil. Congress certainly is fishing in the troubled waters given the dissent of senior judges in the allocation of cases to the benches by CJI. It is very unfortunate that unassailable edifice of judiciary has become a matter of public debate. It is high time the sanctity of judiciary be restored early.