QOTD: Who'll judge the judges?The jury is out

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The CNN-IBN report on senior judges using official trips for holiday purposes has sparked off a debate. Rules and guidelines that apply to the other powers that be don't seem to apply to judges. Are judges more equal than others? Why is there no system of checks and balances when the estate in question is the judiciary? Are lawmakers the biggest law breakers as well? Face the Nation debated the issue with a panel comprising Senior SC lawyer, Indira Jaising; Former Judge of Bombay High Court Justice Suresh Hosbet and RTI activist Arvind Kejriwal.

While all panelists agreed that judges aren’t accountable, Hosbet kick-started the debated on an important point. He said judges were not above the law. “Judges have to accountable. They are a part of the Constitution,” he said, adding, “RTI should apply to their (judges’) functions other than judgments in courts.”

Judging the Judges

In fact, the Right to Information act has been a handy tool in getting some of the most important details in the report. Had it not been for the RTI, the story about judges traveling abroad with wives on tax payers’ money would not have ever come to light. Arvind Kejriwal agreed it was proof enough that RTI should apply to Supreme Court judges as well. “This incident underscores the urgency with which the judiciary and judges need to become accounatbel. The statements by judges, rejecting the application of RTI to them, makes one wonder if this is the reason why they were resisting the idea.”

Indira Jaising, too, agreed with Hosbet and said the revelations made by CNN-IBN story did not surprise her at all. “Judges have below zero accountability if there’s any such thing. It’s not just a question of RTI. It’s about what we are doing to stop judges from misbehaving,” she said, stressing on the importance of having a law that takes corrupt members of judiciary to task.

“Whenever a judge travels abroad, a lawyer does too. Now this information is public but is not talked about. This despite everyone saying they know of such things happening,” she added.

But while accountability remains a key issue, judges to take their wives along on a holiday is a much-debated issue. While Law Minister H R Bharadwaj said it was okay for judges to take their spouses along, not everyone seems to agree. Hosbet insited on making the judges accountable, both inside and outside of the court room. “Not only inside the court, the judges must be responsible outside of them as well. That’s how they gain respectability. If he behaves opposite to the oath he has taken, he is unfit to be a judge,” he said.

Assets: A Liability Or A Responsibility?

Another important question is whether the judges should declare their assets voluntary or should the process be made mandatory. Hosbet said being a public put the onus of responsibility on judges themselves. “He is a higher public authority. The higher we go, the greater is public responsibility. The CJI cannot say he is not answerable. It’s a fundamentally wrong concept,” he said.

Jaising also agreed there was no argument to support that SC judges be treated differently. She also vouched for a judicial commission to deal with corrupt judges. “The laal batti (VIP) culture is unfortunate. Judges think they are class apart. There’s a strong need for a law to be made by Parliament (to punish the erring ones),” she said.

“We have to appoint right people at right positions and should be checked during – and not after – the time of their appointment,” she said, citing the example of judges in Delhi who give out the spacious lawns of their official residences for marriages and other functions.

Kejriwal agreed a judicial commission was the need of the hour. “People should raise their voice and speak up against how the matter has been hushed up over the past one year. I am sure if we keep demanding, there will be hope,” he concluded.

Result of SMS/Web Poll: Do judges in India have no accountability?

Yes: 82 per cent

No: 18 per cent