Reform in Judiciary is inevitable

The way the judiciary is functioning not seems transparent. In the matter of appointment of a judge and handling of complaints of corruption and other misconduct needs a urgent reform to make judiciary more visible and effective.

In our IPC there is no effective law to deal with judicial corruption. Judges (inquiry) act 1968 in not strict enough to deal with such charges and calls for an amendment.

It is also worth to notice that fixing a judicial commission or appointing a independent judicial official might not serve the purpose.

The need of the hour is to set a body which is independent of both judiciary and government. This body will supposed to be lodge genuine charges of corruption and misconduct against judges and carry out inquiries against theses allegation.

The existing rule is that no enquiry can be carried out against a office holding judge of high court or supreme court without a written permission from CJI.

We have evidence from the past when judicial body could not shunned itself form public dissatisfaction over its conduct.  Justice Y.K. Sabharwal case tarnished the image of judiciary. He was alleged to have taken a biased decision on sealing commercial properties which mainly benefited his son.

And recent running Karnataka Chief justice Dinkaran case makes my point even stronger. In a recent meeting held in Delhi, Supreme Court advocate Mr. Prasant Bhusanhas has raised question on elevation of Justice Dinkaran to Supreme Court judge, recommended by Supreme Court collegium.

We do not have any system of rules that are supposed to be followed by the Supreme Court collegium in the matter of elevation of a judge. First judiciary should frame out  a criteria of elevation which is expected to show transparency  in the method of choosing judges.

It will be in the best interest of judiciary if they do not involve them self in selecting a judge. This will save their time and ensure fast finalization of pending cases. This job should be entrusted to a independent, professional body to select judges. This will ensure transparency in all stage of selection.