Supreme Court of India is not holy cow

Supreme court of India is highest seat of justice. In law of jurisprudence there is an idiom which says” Justice seekers should be with clean hands.” It also implies that justice givers also should have clean hands. But nowadays in judicial arena happenings are contrary to the principles of judicial science.

Supreme Court is supposed to correct the judgements of lowyer courts if they have ignored the principles laid down in the constitution, judgements also interpret the constitution. Since many past decades principles of natural justice, social justice ,democracy & norms are being taken into consideration. Above all elements of preamble , directive principles and fundamental rights have been taken into consideration and verdicts are being pronounced .This process is being named as judicial activism.

At present it seems to be those principles are being violated. Justices should be aloof from taking grafts either in cash or kind. After their retirement they should not be given any responsibilities either governmental or non governmental. In that case they may give verdicts in favour of influenced personalities or governament. So that they may get another governmental responsibility. This is in the process of “quid&pro”. That means You give this verdict and you take this responsibility after retirement. Why not their assets be enquired? Whether those assets are proportional to their income or not.

Certain retired justices are becoming members of Rajya Sabha. Others have become governors. There are many justices who have not taken any responsibilities. If they take any responsibility from government people will have their own doubt in their verdicts pronounced by justices. We are not doubting their integrity and honesty. But element of doubt may arise if they accept any post after retirement. Many are there who are not being lured by any grafts or any kind offers made by any individual or institution. But if few accepts such grafts and any responsibilities, blemish name comes to entire judiciary.

In social media it appeared that recent chief justice of India who was retired was compromised with independence of judiciary and image of pious institution being diminished. But he has promised to bring judicial reforms. Many could not get bail from prisons as relief from highest seat of justice.Reason being is they belong to another belief or of different ideology. While giving judgement on Babri Maszid issue, he has prayed God and later pronounced it. There is a rumour that he has invited Narendra Modi for Ganesh Pooja at his residence. How far it is correct it is yet to be verified. Even though if it is correct, it is his personal belief. What people belong to other sects think about him.

According to retired justice Ravindran, independence of judiciary means independence of institution and independence of individual justices as well. Independence of judiciary means freedom from any influence or pressure from executive or legislature. In 1956 I.e. long back Vivian Bose in his writing has revealed that Judicial independence is heart of “ Democracy”. In another case court has given a ruling that court should hear a case, trial and decide without any influence of fear, favour and ill will, but according to set of procedure and give judgement if democracy in this country has to survive and flourish.

Above all our country is based on secularism. Judgements given pertaining to all sects should be according to set procedure and principles. People of all shades will get confidence on highest seat of justice. Otherwise seeds of terrorism will grow in the hearts of other sects. Executive, Legislature and Judiciary should maintain principles of secularism aloof from favouritism, influence , pressure and any ill will etc.

( Dr K. Narayana,) National secretary, CPI