Judges Appointment: An 'inTAXicating' controversy

For a democracy to be successful, it is essential that the power is not vested in one agency but needs to be distributed and shared among all the organs with proper policy and limitations. Every Public Authority, including courts, must be answerable for their performance to the people. The judiciary should be the leading role model and mentor in this endeavour. In this regard the Honourable Supreme Court's recent decision to reject NJAC and to revert back to collegium system is a retrograde step, I personally feel. The NJAC is an enacted measure with sufficient safeguards to see that the selection process to the various positions in the judiciary are fair and open, with sufficient safeguards against the influence of the political bodies. This would have helped the judiciary in moving towards the formulation of an effective approach with a view to change its present image and performance. As on date the effort by our courts in providing timely justice remains a distant dream. The citizens are afraid to take matters to the court because of the delay involved and the damages such delayed justice could inflict. The unfilled vacancies in various courts are not the only reason for the deteriorated performance. The vacations in vogue as well as the quality of the judges selected are adding to the inordinate delays in disposal of long pending disputes. I am unable to understand the need for such long holidays by the courts and the reasons for continuing this legacy even after Britishers have long left. It is the right time for the courts to fall in line and change their working culture like any other Public Authority. The disposals of the cases by the judicial authorities have been terribly slow paced. One should be lucky if one gets justice in his / her lifetime. The delayed justice is hurting the honest and the citizens are losing faith in the present system. The crooked are happier as they are sure that the courts are not equipped to decide the matter for another 15 to 20 years. The much publicised judicial reforms are totally inadequate and insufficient to bring confidence to the distressed. No concrete steps have been taken by the judiciary to improve its image through timely and effective performance. It is the fair and proper for the judiciary to take up remedial steps to accelerate the decision making process and to make all out efforts to reduce the pendency to a reasonable level and be a mentor by example.
-MG Kodandaram, NACEN, Bengaluru

madihally kodandaram 24/10/2015