Aren’t We Under “Constitutional “

Dictatorship?
Anna Hazare, certainly has waken us up from our slumbers. We desperately needed a jolt of this
kind. 9 times has the Lokpal bill lapsed in the parliament. I am sure if not all then at least a few
politicians must be scared of this Gandhian monster and the people even more. Finally the
discussion on corruption is no more an elitist concept to be broadcast on 8:30 or 9 o clock prime
time, Hazare has taken it to the streets. With elections in 4 states ahead of the nose and its image
already tarnished by scams like 2G, Adarsh Society and Commonwealth Games, UPA finally
bogged down to give an equal footing to people from civil society to redraft the bill before the
next session of Parliament and table it. The Lokpal shall investigate in all the abuse or misuse of
the power by all Government servants with even the topmost Bureaucrats and Ministers and
‘unimpeachable’ Judges of our country. But is this what will end corruption, as Hazare ji
believes?

The Juggernaut that Anna has created must encompass even the Judiciary System. According to
Transparency International Report, Indian Judiciary is the second most corrupt in the world. And
Its getting stronger day by a day. The next session must also see the tabling of Judicial
Accountability and Standards Bill, 2010. The Argument that this shall tamper Judiciary’s
independence is vague and falsified. The independence from interference does not mean
independence from accountability. Currently, there is no mechanism to make complaints against
the judges. Judges are like Caesar’s wife i.e. above suspicion.

There are problems that plague the current Judicial System:

Firstly, the Veeraswamy judgment, which ordered no criminal investigation can be done against
a judge without prior written permission of the CJI is proving handy. That’s what happened in
Karnataka also. There was a complaint against several judges visiting a motel and misbehaving
with women. When the police officer came, the judges threatened him and said no FIR could be
filed against them because they were judges. This happened in the Ghaziabad Provident Fund
case as well. The investigation is stumped because the CJI hasn’t given permission.

Secondly, the Contempt of Court Act. Today, even if someone tries to expose a judge with
evidence, he runs the risk of contempt. Judges are even seeking to insulate themselves from the
RTI. It is time to get rid of the Contempt of Court Act – not the whole Act. Disobeying the
orders of the court is civil contempt – that should remain. Interfering with the administration of
justice is criminal contempt – that too should remain. What needs to be deleted is the clause
about scandalising or lowering the dignity of the court, for which Arundhati Roy was sent to jail.

Finally, there is the problem of appointments. Earlier, judicial appointments were made by the
government, which was bad enough. Now, by a sleight of hand, the Supreme Court has taken the
power of appointments to itself. Earlier there were political considerations; now there are
nepotistic ones. Half of the last 16 Chief justices have been corrupt.

No politician tries to do anything about them because one or more cases are pending their court
or in the courts subordinate to them and they are well aware that their impeachment is a
cumbersome process and nearly an impossible one.

The Judicial Accountability and Standards Bill must seek to establish the National Judicial
Complaints Commission — independent of the government and judiciary. It should have five
members and an investigating machinery under them. The hearings should be in public where
any citizen can give evidence about the background of a judge that has bearing on their
appointment.

The Bill must also seek to establish an Independent Judicial Appointment Commission which
works full time, follows the system and procedure established by Parliament by law. Eligibility
list should be prepared and debated. The Commission should consist of Chief Justice, Former
Chief Justice, two jurists as nominated by President Of India and the Speaker. Similar model can
be followed for High Court with the Chief Justice Of High Court and former Chief Justice of
High Court replacing the Speaker. This will reduce the arbitrariness that the current system is
suffering from.

Thanks to the Activists like Prashant Bhushan with whose efforts RTI now includes even the
Judges. If the Judiciary is not checked in time, the day doesn’t look far when we would have
been ruled by these constitutionally selected Dictators.