Friday, March 27, 2009

Is judiciary the holy cow?

Here are few thoughts that ran through my mind years back. I am posting it now since I think the issue is relevant still..


Now again its about reservation thanks to SC ruling against reservation.There can be persons who criticize the ruling and question the integrity of judges ,at the same time there also can be people who hail the decision.But the question is can we criticize the courts.And the question gains importance in the wake of recent developments in Kerala where a minister is facing contempt of court proceedings for criticizing the court.
In a democracy,criticism is the very much needed ingredient so as to improve the quality of constitutional institutions.It can be seen the legislature is being criticized by the media and public alike.Parliamentary proceedings are watched through TVs and evaluated by the public.Every allegations against the Poliuticians are taken seriously.But at the same Judiciary is showing intolerance to criticism and hiding behind the immunity provided.
It was none other than the SC Chief Justice who pointed out that more than 30% of judges are corrupt.Following link provides more insight to the problem.
http://www.cmsindia.org/cms/events/judiciary.pdf
Also it was only in recent past that a bailable warrant was issued against the President of India for a meagre sum of 40000RS by a Dist.Magistrate.The important thing to be noted is that Judges are also living in this society and they too have their own interests including political lineages.Also we have seen many judges in politics once they retire.And also in positions including chairmanship of different commissions which are very much political appointments.
These are all the reasons enough to reduce immunity provided to judiciary by system and provide space to constructive criticism.This will also reduce the power struggle between different institutions including the one involving The Judiciary and The Legislature which is happening very often nowadays.