Legal Experts Call for Judiciary Reforms During Recent Lecture
New Delhi: Prominent attorneys Harish Salve and Mahesh Jethmalani voiced the need for significant changes in India’s judiciary during a lecture on Monday. They compared the current situation to the judicial overhaul that took place after the Emergency period, emphasizing that a reformed complaint process is crucial for maintaining public trust in the legal system.
The discussion was sparked by a striking incident last March, where large amounts of cash were found at the residence of Justice Yashwant Varma. Jethmalani raised a critical question: Why was no First Information Report (FIR) filed in this case, especially since Justice Varma had sought to dismiss the inquiry through the Supreme Court repeatedly?
Jethmalani stressed the importance of transparency in the judicial process, pointing out that cases involving politicians would likely have seen immediate FIRs filed under similar circumstances. He questioned whether the judiciary would respond differently if the incident occurred at a non-judicial figure’s home.
In response to the concerns raised, Chief Justice Surya Kant defended the existing framework for addressing complaints against judges. He described it as robust, responsive, and quick. “Every system has room for improvement, but I assure you that our current process is effective,” Chief Justice Kant stated.
He mentioned that most complaints against judges come from dissatisfied litigants who have lost their cases, asking whether it would be appropriate to discuss these complaints publicly and what implications such discussions might have for judges and the judiciary as a whole.
Salve added that courts should maintain their focus on legal matters. He argued that when they stray from this path, the repercussions can be severe. He criticized the notion of court-supervised investigations, recalling how past cases like the 2G spectrum and coal block allocation scandals suffered as a result. “When courts oversee investigations, the independence of the agencies is compromised, leading to skewed results,” he explained.
Both lawyers also recognized the importance of a strong judiciary, noting that public perception often shifts depending on whether the government is perceived as weak or strong. Jethmalani pointed out the need for reforms in the way judges are appointed and transferred, highlighting concerns over favoritism and nepotism in these processes.
In response, Chief Justice Kant noted that the system of appointing judges has developed positively over time. He assured that the collaborative process with the government works effectively, providing little reason to doubt its efficiency.
