The selection process of the judges through the Collegium system itself is a hush-hush affair and only the outcome is known to the public at large. On what grounds X or Y is promoted or inducted is not available for public scrutiny. In view of this secrecy there is the mounting impression that the whole process is, an old school tie, or a quid pro quo affair. Why this can not be an open process is hard to understand, writes Prof. H C Pande
Funding of the political parties through Electoral Bonds is an important issue. That there should be complete transparency in the matter is without question and that the same yardstick should be applied in all cases is also without doubt. Who is to decide the norms and the test of transparency and judge any particular case is the crux of the matter.
The Electoral Bond issue is to be heard by the Supreme Court soon enough, which is good news, however, in view of several judgements of the highest court over the past few years, people are sceptical about the transparent nature of the judiciary itself.
To begin at the beginning, the selection process of the judges through the Collegium system itself is a hush-hush affair and only the outcome is known to the public at large. On what grounds X or Y is promoted or inducted is not available for public scrutiny. In view of this secrecy there is the mounting impression that the whole process is, an old school tie, or a quid pro quo affair. Why this can not be an open process is hard to understand.
And then there is the declaration of assets issue.Here again His Honour insists on keeping the information within the family and not open to public gaze which is even harder to understand.This being the ground truth,it is logical to demand ,that,the judiciary should first regain the confidence of the public by ensuring complete transparency in all aspects of the judicial system before passing judgement on others.Let us face it, as of now,the people in general feel that the so called Collegium is just a subterfuge to allow a coterie to do as it pleases and is not an impartial panel of selectors,consequently the integrity of the appointees themselves is in question.Worse still,is the growing impression that it is not the merit of the case but the advocate one chooses with the right connections,which ensure immediate admission of the case,double-quick hearing,and,the desired judgement.Any number of petty criminals continue to rot in prison as His Honour has no time to hear their Bail petitions,yet,at the same time,the highest court in the land can open its doors,in the after-hours,on a holiday,and,constitute one Bench after another to grant bail to one who has been refused the same,after due hearing,by a High Court.This is not justice but shot-gun injustice.There are any number of judgements that emanate the odour of influence peddling and not the fragrance of fair play.No democracy can flourish,or even survive,without a strong judiciary of unquestionable integrity.It is well past time that the judiciary looks within and takes corrective measures so that the people no longer have doubts about the judges or their judgements.
(Prof. H C Pande is Vice Chancellor Emeritus , BITS, Mesra)
