Saturday, 23 March, 2019


Chelameswar calls for free judiciary

Chelameswar calls for free judiciary Chelameswar calls for free judiciary
Bennie Garza | 23 January, 2018, 10:23

"It should be an ongoing process how exactly an institution is functioning - its achievement and failure", maintained Justice Chelameswar, imploring upon a "constant examination". "The decision made by the Supreme Court, some way or the other, affect the lives of people", asserted the judge. "Supreme Court is not the superintendent of all courts, but in reality, it exercises such powers", he said to a packed audience.

Senior judge of the Supreme Court, Justice J Chelameswar on Monday refused to comment on the judicial crisis, which was raised by three other senior Supreme Court judges, who revolted against Chief Justice of India (CJI) Dipak Misra. "Directly the matter of appointments and transfer of judges of high courts, indirectly laying down the law regarding various aspects of administration of justice at high courts and subordinate courts", he said.

He lamented the fact that the top court had become a court of superintendence over lower courts though it was never envisaged to be one.

The senior Supreme Court judge said that the enormous jurisdiction the Supreme Court is conferred with by the Constitution, coupled with its responsibility to do complete justice, had created a huge amount of arrears in the top court - "backlog which appears to be nearly impossible to be cleared".

He added that the enormous jurisdiction which the Supreme Court is conferred with by the Constitution, coupled with the eagerness of the court to do complete justice, created a huge amount of arrears on this court. I am sorry to say this....

Whether such a situation would really add to the glory and prestige of the institution - whether it would really serve the goal - is a matter of examination and concern for all those who are connected to this institution.

Justice Chelameswar said that scholars study the institution of judiciary out of curiosity and as part of their research but those who are part of the institution certainly have some interest in it. The requirement for having a solution is imperative.

Supreme Court judge MB Lokur, who was part of the judges' press conference on January 12, also attended the event. The problem is real. Since then, the CJI has met the four judges, but they are yet to arrive at a solution.

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