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The framers of the Constitution established independent and impartial judiciary in

India. But the image of judiciary in its functional aspect is not fully independent. The
establishment of independent judiciary remains more in the text book of our
Constitution.
On 12th January 2018, a landmark Press Conference was addressed by the four
Senior most judges of the Supreme Court.( justices J Chelameshwar, Ranjan Gogoi,
Kurian Joseph and Madan Lokur)
and also released a copy of the letter written by them to the then Chief Justice
of India. (Dipak Mishra)

The observations made by the Honourable Judges and the issues


raised by them in the Press Conference and in the letter were extremely
disturbing and have far reaching consequences for the values that we
hold sacred: safeguarding democracy and preserving the
independence of the Judiciary.

The Honourable Judges have specifically highlighted two issues: (1)


The long silence of the Government of India to the Memorandum of
Procedure that was finalised by the Supreme Court and (2) the
assignment of cases in the Supreme Court to what is described as
"selectively to the benches of their preference without any rational
basis for such assignment"

The press conference followed a meeting of the four


Honourable Judges with the Honourable Chief Justice of India
, apparently, failed to resolve the issues and obliged the
four Judges to address a press conference. The country holds the judiciary in the
highest esteem and millions of people knock on the doors of the courts seeking
justice. The non finalisation of the Memorandum of Procedure has left nearly forty
percent of the sanctioned posts of the judges vacant, leading to delay in justice
delivery.

On April 25 2016,in Delhi's Vigyan Bhavan " The sentence trailed off, pauses
between words got longer. Heads jerked up and eyes widened. It was the
sound of a man struggling to keep his voice from betraying his feelings. But it
wasn't just any man. The 43rd Chief Justice of India, Tirath Singh Thakur,
stood on stage, jaws tight, eyes averted,hands reaching into his pocket for a
handkerchief to mop his eyes. The prime minister looked on intently from his
seat on the stage. At the heart of the former CJI's address were four strands
of arguments: that judges are overwhelmed by the load of litigation; judicial
vacancies are not being filled up; the appointments procedure is getting stuck
at the level of the government for obscure reasons; and that without the
wheels of justice turning smoothly, the common man will suffer the most
there’s a quote of Dr.Ambedkar, which is as relevant today However good a
constitution may be, if those who are implementing it are not good, it will
prove to be bad. However bad a constitution may be, if those
implementing it are good, it will prove to be good”

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