CJ's comments on the judiciary

The various comments of the Hon'ble Chief Justice made recently on the judiciary are substantive and merits recognition on the part of the executive branch. We believe that the fundamental truth about the relationship between the three branches--legislature, executive and judiciary--cannot be overemphasied. An independent judiciary is crucial in the dispensation of justice without any interference from the executive or a political government. That is the sine-qua-non of good governance and rule of law.

However, we want to flag one of the several points that the Chief Justice had made. And that is on the separation of the judiciary and the immense power the executive has assumed over the years. Admittedly, immediately post-independence there was a degree of trial and error with the judiciary, and after 1975, the military rulers had tampered with it, which abridged its role, for the benefit of the military rulers. Regrettably, this trend has continued in some form or the other even after the restoration of democracy in 1991 when we witnessed the emergence of a strong executive branch predominating the judiciary.

In recent times the hiatus seems to have been accentuated. The concept of separation of power has not been made operational because of this. Tactics such as delay in promotion, posting and transfer of district judges and not issuing the gazette on the rules of determining the discipline and conduct of lower judges are subverting the process of separation of the judiciary, which has compelled the Chief Justice's to remark that the judiciary has been held hostage. The CJ's remarks should be paid heed to, to make the judiciary truly independent. Unless separation becomes effective, the judiciary will not be able to play its due role.