No system is perfect; and the scope for improvement is all too evident across the board. For, imperfection is in the law of nature. This is so with our governing systems — and prominently with the judicial system. The last hope for justice in all societies lies with the judiciary. Curiously, today, there too are the rotten apples and system flaws. A new research done jointly by academicians from within and abroad about the way the Indian Judicial System works has zeroed in on the well-known possibility for “manipulations” within the system; namely the ‘master of roster’ powers that is at the command of the chief justices. The researchers, who came up with a book titled Court on Trial, note that this power could be misused by CJIs to “strategically influence the outcome of important cases.” CJIs are seen to have a greater say than the other judges in deciding the course of justice in important matters, the book has noted.
As a matter of fact, if the CJI wields more powers than the other judges, this in itself cannot be faulted. He or she should have a greater say as is the case with any entity at the apex of which sits a ‘chief’ executive. Irrespective of whether the Constitution granted such a privilege to the CJI or not, the head of the judicial system should be carrying with him more authority than the other judges. It cannot also be faulted if the CJI exercises his powers in ways as to balance equations in sensitive cases, as in the Babri Masjid dispute, or other cases of prime importance. A CJI will be failing in his duty to the nation if he acts like a machine without a mind of his own or does not exercise his sense of judgment in the best interests of the society. Written rules should come only next.
However, the fact is that the Indian judiciary is plagued by more serious problems. Cases in our courts go on and on for decades, which is tantamount to an outright denial of justice. This is more a norm than an aberration. Cases are postponed for the umpteenth time, with no questions asked. Courts or investigating agencies should not be taking their sweet time to dispense with justice. Manipulations are suspected at high levels where cases are assigned to ‘select’ judges. The book notes that the CJIs sit themselves on larger numbers of benches than are justifiable. Worse, the long-awaited judicial reforms, to set many wrongs right, are not being attempted at all. Questionable mechanisms are adopted vis-à-vis the process of selection of judges. Reforms are imperative and the only way forward.