A file image of the Supreme Court of India. (Photo:X)
The judiciary, like Caesar's wife, should be above suspicion! This is particularly true in the case of a democracy like India, where moral decrepitude taking place in two of the three pillars, the legislature and the executive, has made ordinary people look up to the judiciary for succour. The need for enhanced transparency has acquired greater exigency in the light of recent developments, which raised questions about the role and character of the judiciary, like Vice President Jagdeep Dhankhar's uncalled-for outburst against the Supreme Court, castigating it for behaving like a "super Parliament". Even more damaging to the reputation and credibility of the higher judiciary have been developments like the accidental discovery of a pile of cash found at the official residence of sitting Delhi High Court judge, Justice Yashwant Varma.
No doubt the apex court had gone into a damage control mode immediately after the incident, the Chief Justice of India having appointed a three-member panel to thoroughly investigate it, but with rumours floating about the possibility of suppression of facts in order to shield one of its own, the harm has already been done to the image of the Indian judiciary. Obviously, more moves towards enhanced transparency of the judicial system needed to be taken. It is heartening to note that the Supreme Court has begun the process by embarking on two vital steps with this objective in mind.
Firstly, the Department of Justice has published the Memorandum of Procedure for the appointment of Supreme Court judges in India, outlining the steps involved in the selection process, according to the Indian Constitution. The Supreme Court has uploaded the complete process of appointing judges to both High Courts and the Supreme Court, including the role assigned to the High Court Collegium, the role of and inputs received from the State governments, the Union of India, and consideration by the Supreme Court Collegium, making the process publicly accessible. In what has proved since India's independence to be a broadly foolproof system, judges to the Supreme Court are appointed by the President of India based on recommendations from the Collegium, a body comprising the Chief Justice and four senior judges.
The Collegium also recommends judges for High Court appointments. This move, designed to increase transparency in the judicial appointment process, will allow for greater scrutiny of the selection criteria, thereby quelling any scepticism on the part of the general public as to the merits or demerits of specific justices. Complementing this essay at ensuring greater transparency, the apex court has published the assets of 21 judges, including information on their investments, income tax returns, and other financial details. With the remaining justices due to make their assets public, it is hoped that the direly needed boost to the credibility of the Indian judiciary would be realised soon.