Delhi High Court - RTI - CJI's office - my view

I have read the news about the Judgment delivered by a three judge bench of Delhi High Court comprising Hon'ble Chief Justice AP Shah, Justices Vikramjeet Sen and S Muralidhar. I came to know that the Bench of Delhi High Court has clearly held that the CJI's office is within the purview of Right to Information (RTI) Act and dismissed the appeal preferred by the Hon’ble Apex Court.

The main contention of the Hon'ble Supreme Court before the Bench of Delhi High Court appears to be that, bringing CJI's office under the purview of RTI act amounts to interfering with judicial independence and can be used at times.

I have also read that the Bench has laudably held that judicial independence is not a privilege, but, a responsibility. Its a great observation and many may appreciate the judgment given by the Bench of Delhi High Court comprising the Chief Justice A.P.Shah, Justices Vikramjeet Sen and S Muralidhar.  It is really a great thing that a Constitutional Court is mooting the reforms in Judiciary and examining the stand of the Apex Court. All credit goes to the Delhi High Court for such an impartial judgment which can trigger far reaching changes in Indian Judiciary, which, seems to be loosing its ground and all its respect.

We can find fault with the citizens if they expect judgment in single day which is not logically possible. But, the voice of the enlightened is on logical footing and they are showing the corruption in judiciary, lack of standards, lack of transparency in judicial appointments and many other issues. 

All enlightened should remember one thing that if Judiciary can not deliver the results and can not discharge its responsibility efficiently, then, the entire system collapses. Our constitutional framers have kept lot of hope in our Judiciary and constitutional review power is conferred on Constitutional Courts as upheld in breach of privileges case.

If executive is wrong, then, the citizens can approach only the Court and the Court is conferred with enormous powers and the scope of constitutional court's power is expanded from time to time. The scope of Article.226 and Part-III of the Constitution has been expanded rightly and the citizenry has supported those things.

What happens if there is a dangerous nexus between the Judiciary and Executive?

What happens if the judiciary shows the corruption in politics to defend corruption in Judiciary?

These are the few questions of the citizenry of this great nation. It is a fact that judiciary is loosing its respect among public and nobody bothers at commenting the judiciary now and even the judgments are being discussed in Television Channels. The reason for such disrespect is that the public is not supporting Judiciary anymore.

We should never think that the public are innocent and they tolerate anything as they tolerate corruption in politics all along. Corruption in politics is a difficult issue to deal with and it is connected to illiteracy, poverty, castism etc. and public are aware of that. But, what is the problem with judiciary? A judge of Constitutional Court can not be removed if he is impartial and truly discharges his functions. A politician has to go to people every five years and should spend lot of money on campaigning. There is no such need for a judge of Constitutional Court and if he is impartial, then, he commands a great respect in the minds of people as our Justice Krishna Ayer.

I don't know as to what happens to the judgment of the Hon'ble Bench of Delhi High Court, but, all respect goes to Delhi High Court for discharging its responsibility as mandated in our Constitution. If right to equality is a fundamental right, then, the institution which can enforce such a right when it is violated should also be efficient and be able to discharge its functions efficiently.

There are many things in our judiciary and we need many more reforms. We can not reform this judiciary with statements, special acts, constitution of village courts, appointment of judges, improving infrastructure etc. and the problem is deep rooted. We need to find as where the actual problem lies and we need to cure the problem and it will certainly takes lot of time. But, there is no other way and we need a good system and a truly developed India. India can never claim that it is developed unless we ensure freedom to press, ensure fundamental rights to citizens, legal aid, strong and independent judiciary and a good government. We can not say that we are developed just because of our GDP figures and outsourcing contracts.

If we come to the judgment rendered by the Bench of Hon’ble Delhi High Court, the apprehensions over the judgment can be as follows:

1.    Our Higher Judiciary may claim Judicial Independence and bringing CJI’s office etc. within the purview of RTI may amount to interfering with the Independence of Judiciary?

2.    The proposition may get misused and there can be vexatious litigation?

Assuming a case that there is some baseless allegation against a judge of Constitutional Court, I don’t think that it will come in the way of Independence of Judiciary and the baseless allegations will not harm any Judge of Constitutional Court.

We have been following the recent impeachment motion where an enquiry by a committee is being done even after submission of a report by a concerned government official, lot of material and views expressed by eminent in the society and in the legal profession. Such is the protection to our Judiciary and I don’t think that no other Institution will enjoy such a privilege. 

There can be so many problems in the system and a judge of Constitutional Court may show the salary being drawn by a young software professional and compare that salary with that of his salary. Likewise, there are issues and there is no problem if those issues are highlighted. I don’t think that there is something wrong on the part of the judges if they demand for a five fold increase in their salaries and especially when it comes to the judges of constitutional court.

There are many deep rooted causes and we need to address all those.

Even if the executive moots the important reforms in Judiciary, there can be a problem and back-clash. Judiciary may attack the executive either directly or indirectly and it should not happen. Everybody should be aware that all institutions, judges, leaders, employees, are for public and public are not for them. 

Note:

I have expressed my own views on the issues, my views are based on assumptions, and I have no intention to whatsoever to interfere with the dignity of the Judiciary.