Tears of Chief Justice of India
It is reported in the media that Hon’ble Chief Justice of India broke down and wiped his tears while speaking in the conference of Chief Ministers and Chief justices, in the presence of the Prime Minister in New Delhi. It is said that Chief Justice broke down due to his disappointment about the government not appointing adequate number of judges.
While the tears of the Chief Justice are very valuable it could have been used for better purposes.
There is disagreement between government of India and Supreme Court about the procedure for appointment of judges which is now done as per the recommendation of the collegium. Such different views about the appointment of judges may have caused some delay . However, this issue needs only discussions to arrive at appropriate decision and not tears.
Many citizens are convinced that the existing arrangement for appointment of judges are not appropriate and need reform. The inadequacy of the present procedure is clearly evident from the fact that quite a number of judges have been accused of corrupt practices and favouritism. Even some retired judges at senior level have spoken about this. Chief Justice could have used his tears to the best of purpose by pointing out this public perspective on the judges.
When Prime Minister said that judges should have less number of holidays, Chief justice is reported to have said that judges work under tense conditions and they need holidays. Is not a fact that the Prime Minister has tense functions but does not avail long holidays. Chief Justice has said that lawyers want holidays. He could have used his tears to good purpose by telling the lawyers that they should work more.
There are many criticisms about judiciary these days and it would be appropriate to recognize such criticisms and move forward. Instead of this , Chief Justice gives an appearance of being weak by breaking down while talking about issues.
Finally, judges should recognize that they need code of conduct .
N.S.Venkataraman
Nandini Voice For The Deprived more
While the tears of the Chief Justice are very valuable it could have been used for better purposes.
There is disagreement between government of India and Supreme Court about the procedure for appointment of judges which is now done as per the recommendation of the collegium. Such different views about the appointment of judges may have caused some delay . However, this issue needs only discussions to arrive at appropriate decision and not tears.
Many citizens are convinced that the existing arrangement for appointment of judges are not appropriate and need reform. The inadequacy of the present procedure is clearly evident from the fact that quite a number of judges have been accused of corrupt practices and favouritism. Even some retired judges at senior level have spoken about this. Chief Justice could have used his tears to the best of purpose by pointing out this public perspective on the judges.
When Prime Minister said that judges should have less number of holidays, Chief justice is reported to have said that judges work under tense conditions and they need holidays. Is not a fact that the Prime Minister has tense functions but does not avail long holidays. Chief Justice has said that lawyers want holidays. He could have used his tears to good purpose by telling the lawyers that they should work more.
There are many criticisms about judiciary these days and it would be appropriate to recognize such criticisms and move forward. Instead of this , Chief Justice gives an appearance of being weak by breaking down while talking about issues.
Finally, judges should recognize that they need code of conduct .
N.S.Venkataraman
Nandini Voice For The Deprived more
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Oct 31
Whether someone breaking down or not breaking down is not an issue at all. The bigger issue is the problem at large. The judiciary is unnecessarily projected as a holy cow whereas there is rampant corruption in the system. My personal opinion as a student of Legal system is higher the rank greater is the probability of the judiciary being corrupt. Rather than number of judges the bigger issue is making the judicial system accessible to common man. Today seeking justice from the existing judicial system is so costly that a common man wouldn't dare to seek justice and keep quite to any atrocities on him. I think it would have been better if the chief justice would have broke down for the complete break down of the legal system in the country. We are yet to understand this system of selection of supreme court judges, we know the system of selection of any other public servant but not supreme court judges who are the care taker of the proper interpretation and implementation of the constitution. The Chief Justice should have broken down for the faulty legal system because of which the hardcore criminals roam free in the society and become repeat offenders. the chief Justice should have broke down for the paralysed legal system where worthy and influential people twist the legal system the way they want. Above all as citizens we should come out of this concept of valuable tears, why? the tears drops of Chief Justice gets converted to pearls when they fall. As a democracy we should be more concerned about the tears of hunger of the havenots of our society. I see a big gap in the legal system in this democracy which is smartly running an oligarchic system by creating a perception of democracy. The Prime Minister of India should take strong steps to revisit the legal system and re-build it. In a democracy the elected representative is always superior than selected and in case of judiciary even the selection is in shadows. more
Apr 29
Just by increasing the human capital of judiciary and legal professions is not going to solve the issue of no. of court cases. It is the need of the hour that substantive changes be made to the whole judiciary. These may include; 1. The defendant lawyer must not humiliate the witness. 2. If the defendant lawyer tries to humiliate the witness or tries to subvert scientific circumstantial evidence will face the same punishment as the accused. 3. Rather than the govt. has to prove that the act was done by the accused, the accused have to prove that he is 100% innocent by giving evidence as in US courts. 4. More scientific methods including the Narco-Analysis test or polygraph must be legalized. 5. The timeline for resolution of the case has to be specifically pointed out for every judicial case. This timeline and the result of the case must be included as parameters of the performance measurements for judges, govt. advocates and all govt. legal fraternity. 6. Every judge's personal integrity, honesty must be measured based on popular opinion, his wealth, real estate assets of his forefathers etc. more
Apr 28
The matter - in its entirety - is complex, but I wish to submit a simplistic view. Holidays must be cut down - many many persons in senior positions working in tense situations in private and public sectors do not avail as many holidays. Summer and winter vacations could be considerably reduced. Work can start in right earnest from 9 am till 5 pm and weekly off only on Sundays. I expect that lawyers would also cooperate. Adjournments should be rare and, for the first year, retired persons can be appointed to clear the backlog. The objective ought to be to dispense prompt justice. more
Apr 28
I agree that breaking down and becoming emotional during high level conference by a chief justice of the country is a matter not to be appreciated. As regards appointment of judges and the code of conduct for the judiciary is the need of the time. I have practical knowledge how a judge is appointed it is just a long arrangement between the recommending judge and the candidate and it is all managed. The result is incompetent people gets the char of a judge where is he has little knowledge of the law. Such judges are a rogue for the society. I shall take an example the Uttarakhand High Court order on the imposition of Presidents rule is a political order not a judicial order. This kind of judge are burden on the exchequer and on the society. So the appointment has to be regularized. To my knowledge judiciary in India is most corrupt and money plays a free roll in the court room. more
Apr 28
