PRIME Minister Modi made some salutary observations while addressing the Chief Ministers and Chief Justices on Sunday. He pointed out that while there are a plethora of institutions to scrutinize the actions of politicians, namely the RTI, Election Commission and very soon the Lok Pal, the judiciary remained out of the ambit of any scrutiny. Except for the cryptic comment about five-star activism and that the judiciary should not succumb to pressure from the media which in turn is inclined to be influenced by “influential activists,” Modi could not have made his points on the judiciary any more pointed. Modi was also quick to note that the judiciary consistently steps into the realm of the legislature and executive, but itself claims immunity from any critique by the above two institutions.
Since the judiciary is expected to be infallible, if it does err there will be no checks and balances and that is what will shake the faith of people. Modi called for internal assessment by judicial officers and chief justices. The prime minister went a step further to question the efficacy of government appointed tribunals and demanded a comprehensive review of this system. He said it is necessary to find out whether tribunals are delivering justice or have become a “barrier” in the process of delivery of justice. Is the prime minister hinting at the National Green Tribunal? The NGT has banned extraction of coal in Meghalaya in the absence of a mining policy. This followed a PIL filed by the Dimasa Students’ Union which claimed that the rivers downstream of the Jaintia Hills coal mines and flowing through their area has become toxic and unfit for human use. The NGT has also made its impact felt in several other states where industries are seeking environmental clearances. Has the NGT become an albatross around the Modi government’s neck? The Modi Government has repealed 1700 obsolete laws stating that there should be minimum grey areas in legal jurisprudence.
The judiciary in India is notorious for delays. Hence justice is denied to millions of people. Some cases are decided only after a person has died. Many others remain under-trial prisoners for decades. That the justice delivery system is weak and vacillating is a fact. The onus now is on the chief justices to remove the impediments to speedy justice which is a tall order in a system that has lent itself to systemic malfunction.
