CJI worries govt may take away judges’ freedom
16 Aug 2012 6:44 AM IST
Frankly admitting that sometimes judicial overreach disturbed the balance between three branches of state, the chief justice of India S H Kapadia cautioned the government against tinkering with the independence of judiciary.
'The government may make law for making judges accountable. We are not afraid of that. But, it should not tinker with the very constitutional principle of judicial independence,' he said. Speaking on the occasion of the Independence Day celebrations in the Supreme Court, he urged the government that while bringing a new law, it should not lose sight of the concept of judicial independence. Justice Kapadia was apparently referring to the Judicial Standards and Accountability Bill, which has already been passed by the Lok Sabha and is pending in the Rajya Sabha.
A controversial clause in the bill states: 'No judge shall make unwarranted comments against the conduct of any constitutional or statutory institution or officials at the time of hearing matters in open courts during the course of hearing matters.' The bill allows the citizens to complain against corrupt judges, but it has been facing criticism for this provision which jurists says would 'virtually gag' the judges in open courts.
The chief justice said that the government must take the opinion of various jurists and take into account various developments around the world before making law. 'We need to make a detailed study before we tinker with the constitution,' he said, while emphasising that any disturbance to balance of power among legislative, executive and judiciary would 'damage the constitution for all time to come'. Admitting judicial overreach, Justice Kapadia said, 'Sometimes in our anxiety to do justice, we give judgements which disturbs constitutional balance among three branches of state.
He cautiouned judges against overreach, saying that rights and privileges are also there for other institutions which should be respected.
'The government may make law for making judges accountable. We are not afraid of that. But, it should not tinker with the very constitutional principle of judicial independence,' he said. Speaking on the occasion of the Independence Day celebrations in the Supreme Court, he urged the government that while bringing a new law, it should not lose sight of the concept of judicial independence. Justice Kapadia was apparently referring to the Judicial Standards and Accountability Bill, which has already been passed by the Lok Sabha and is pending in the Rajya Sabha.
A controversial clause in the bill states: 'No judge shall make unwarranted comments against the conduct of any constitutional or statutory institution or officials at the time of hearing matters in open courts during the course of hearing matters.' The bill allows the citizens to complain against corrupt judges, but it has been facing criticism for this provision which jurists says would 'virtually gag' the judges in open courts.
The chief justice said that the government must take the opinion of various jurists and take into account various developments around the world before making law. 'We need to make a detailed study before we tinker with the constitution,' he said, while emphasising that any disturbance to balance of power among legislative, executive and judiciary would 'damage the constitution for all time to come'. Admitting judicial overreach, Justice Kapadia said, 'Sometimes in our anxiety to do justice, we give judgements which disturbs constitutional balance among three branches of state.
He cautiouned judges against overreach, saying that rights and privileges are also there for other institutions which should be respected.
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