January 1813

Judicial Conundrum

The decision by four sitting SC judges to hold the Press Conference amounts to a No-confidence motion against the present CJI ? It has jolted the conscience of the Nation.The protesting judges left it to the" Nation "to preserve” independence of Supreme court “.

Who will take the call ? The Executive, the Parliament or the ubiquitous Media, the fourth pillar of democracy?As Presidential appointees, the dissenting judges did not think of sharing their simmering discontentment with the President of India before going public.

The consequences of the ill-advised move by four judges on the integrity and credibility of Supreme Court and their negative impact on various High courts and the Subordinate judiciary, must not be ignored.

Following options are available.

(a) Leave the Supreme court alone. Let the four SC judges and the CJI resolve their differences mutually through discussions among themselves;

or

(b) PM Modi as head of government cannot and should not remain a mute spectator. He along with the Attorney General of India ,may discreetly intervene to serve as a catalyst or facilitator to resolve the dispute in the top judiciary. This should be discreet, not be seen as interference in the internal functioning of the Supreme court by any political party. The CJI, in his wisdom, has already refused to meet  PM’s Principal Secretary, at former’s  residenceor

(c) Senior lawyers like Fali Nariman, Soli Sorabhji, Harish Salve and the Attorney General of India may be urged to intervene.

or

(d)Guidelines may be drawn by the CJI in consultation with top five or six judges for allocation of cases to different benches of SC. The CJI as the Numero uno, the first among Equals,is expected to carry the court with him. All efforts need to be made to diffuse the crisis at the earliest before the situation spins out of control.

The Congis and the Commies must keep their hands off. Let them not try to earn brownie points by politicizing the issues.

My gut feeling is that even after the matter is resolved “ amicably “, the damage done to Indian Judiciary is irretrievable. The damage done to the Supreme court’s credibility, impartiality will be irreparable. The top court will never be same again in the eyes of the Litigants and the Bar.

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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.


You can contact me at

aksaxena1947@gmail.com

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