The spate of scams involving some members of the Indian higher judiciary in corruption, bribery, sex, nepotism and abuse of power has again drawn attention to the long overdue need for reform of the judicial system. The image of the judiciary and its credibility are perhaps at an all-time low. The problem of corruption comes on top of the problem of judicial inertia and the prohibitively expensive nature of the process of securing justice. This has effectively ensured that the judicial system cannot deliver justice to the ordinary citizen. All this suits the ruling establishment just fine, since those who have the power of force or money do not need the courts to get justice. It is the poor and the oppressed, the common people who need a properly working system for the administration of justice. This is also why those who have the power to reform the system have failed to do so despite knowing the problems and the solutions. It has become clear that judicial reforms will only come when the general public, who are the consumers of justice, put together a strong and powerful movement on this issue.
There are enough indications that corruption in the higher judiciary has reached unacceptable levels. For instance, in March this year, Justice Shamit Mukherjee of the Delhi High Court had to tender his resignation, following which he was arrested by the Central Bureau of Investigation under sections of the Anti-corruption Act, 1988 and sections of the Criminal Procedure Code for criminal conspiracy. Rampant corruption, which has steadily undermined the credibility of and popular faith in the judicial mechanism, was clearly to be expected in a situation where the higher judiciary enjoys enormous powers without accountability.
Power sans accountability inevitably breeds corruption and abuse. Consider the situation. Once appointed, a judge of a high court (the highest judicial mechanism in the states) or the Supreme Court, cannot be touched except by a complicated procedure of impeachment. As per the constitutional provisions, a judge of a high court or the Supreme Court can only be removed by impeachment after 100 members of the Lok Sabha (the lower house) or 50 members of the Rajya Sabha (the upper house) move the speaker, who may refer the charges to a committee of judges whose verdict is put up before both the houses of Parliament. The judge can only be removed if a two third-majority of members present and voting approve the verdict of the committee.
Power sans accountability inevitably breeds corruption and abuse. Consider the situation. Once appointed, a judge of a high court (the highest judicial mechanism in the states) or the Supreme Court, cannot be touched except by a complicated procedure of impeachment. As per the constitutional provisions, a judge of a high court or the Supreme Court can only be removed by impeachment after 100 members of the Lok Sabha (the lower house) or 50 members of the Rajya Sabha (the upper house) move the speaker, who may refer the charges to a committee of judges whose verdict is put up before both the houses of Parliament. The judge can only be removed if a two third-majority of members present and voting approve the verdict of the committee.