A new Chief Justice has been appointed to head the Supreme Court. Surya Kant, 63, as the 53rd CJI would take charge on November 24 as per a presidential order. Notably, the average tenure of CJIs is no more than 18 months, as the appointment is made at the fag end of the judges’ career on the basis, mainly but not exclusively, of their seniority. This is creating a situation of musical chairs – of frequent change of CJIs. This does not bode well for the institution of judiciary, but no serious thought has been applied by successive governments to introduce judicial reforms. This, even as the judicial system is showing signs of cracks and of bad blood creeping in. This is reflected also in the ‘note burning’ case at an SC judge’s home in the capital involving suspected bribe/corrupt money. The hurling of a chappal on CJI Gavai in the apex court the other day by a lawyer, and the system’s hesitation to take action against the perpetrator, adds another dimension to the general drift.
Handling the judiciary is a risky attempt for any government as judges have the authority to punish members of the executive, caught as they often are in cases. Indira Gandhi as prime minister was close to losing her PM post when the Allahabad high court nullified her
election to Parliament. She imposed Emergency and temporarily extricated herself from harm’s way. Judges decide who should be made judges through the collegium system, as also their salaries etc., though the central government has a nominal role in these, and the
appointments are made by the President. An attempt made by the Narendra Modi Government in August 2014 to introduce a Judicial Appointments Commission to select and groom young, bright legal professionals as judges could not succeed as the Supreme Court vetoed it and nothing happened thereafter.
While SC judges’ retirement age in India is 65, judges in the US do not have a retirement provision and can carry on and on. In the UK, judges have a retirement age of 75. The Indian system might have its better sides. Yet, the short term of chief justices, running into an average of 1.5 years, presents its own problems. Justice KN Singh, the 22nd CJI, remained in the position for no more than 17 days before he retired. A question would arise, why such funny appointments to the highest seat of the judiciary, other than to satisfy the whims of one or another individual. When it comes to the judiciary’s functioning, several such issues arise. Over 5.30 crore cases are pending in various courts – nearly 90,000 in SC, 63 lakh in high courts and 4.7 crore in subordinate courts. Cases carrying on and on for more than 20 years means subversion of the legal process. Justice delayed is justice denied. Not many can afford to fight their cases for decades – especially as lawyers by their very nature are Shylocks. Growing instances of corruption in the judiciary adds to the pathos. Judicial reforms are the way forward.
