WELCOME STEP BY SUPREME COURT

A series of steps and observations, which have come from the Supreme Court vis-a-vis various unrelated cases over the past few days, constitute a welcome coincidence. They indicate the apex court is serious, now more than ever, about judicial accountibility. That the judiciary can no longer afford to maintain its credibility by resorting to judicial immunity, as if it was a natural privilege, is clearly implicit in the apex court's announcements. The recommendations of the Chief Justice of India to initiate impeachment proceedings in Parliament against a Calcutta High Court judge found guilty of " financial misconduct " proves the court is dead set on taking the problem of corruption in the judiciary head on. A similar intent has empelled it to hand over the matter of alleged involvement of 34 sitting judges in the embzellement of providend fund monies to the CBI for a probe. Similarly the CJI has also allowed the CBI to question 2 Punjab & Haryana High Court judges, who have been linked to the bribery scandal.

All this would however, make a sense only if it led to institutionlisation of judicial accountibility. The centre must not dither any longer in getting the Judges Inquiry Bill, 2006, passed by Parliament.The legislation would lead to the establishment of a national judicial council, made up of sitting judges, to probe allegations of judicial misconduct and legimately recommend impeachment where required.

But judicial accountibility can be truly built into the system only when the recruitment and transfer of both SC and high court judges-- currently the exclusive preserve of the highest judiciary-- become amenable to public control. A consensus on the need to set up The National Judicial Commission ( NJC ) must swiftly be evolved. The NJC which would regulate recruitment and transfer of judges would consist of senior-most members of higher judiciary as well as the executive. Judicial autonomy is, doubtless, an imperative to protect the the conscience-keepers of Constitution from the clutches of electrol politics.

If the judiciary becomes responsible and corruption free, i am sure, the next step would be to clean the govt. functionaries and make them accountable. Impartial judiciary is the backbone of any democracy. If certain high profile cases of bribery are given a verdict which leads to the removal of corrupt politicians and bureacrats from the govt, and they are barred to take any post in future, i am sure a lot will change and only impeccable people will come forward to lead the nation. Today these impeccable people are sitting at home, afraid of goonda raj prevalent in politics.