Many in India right now must be in doubt about the real reason behind not-so-cool environment inside Supreme Court. Certainly, some judges are not happy about the judiciary system in India. What is the reason? Why judges are unhappy? Given below is the abstract that basically translates what the four judges wrote in their letter. This would clear a lot of doubt. However, no answer has come yet from the other group of judges.
This letter has been written to the Chief Justice of India regarding certain advises those have really affected the process of judiciary, at the same time the dignity of the Supreme Court. The letter has been released by J Chelameswar, Ranjan Gogoi, Madan B Lokur, and K Joseph.
It states that since when new high courts were established in Kolkata, Mumbai and Chennai, certain regulations and traditions were too set in legal traditions. After 100 years of the establishment of these courts, the Supreme Court came in to picture. The traditions talked above had their roots with English judiciary system.
There is also a conclusion among the set of conclusions that the chief Justice holds the right to decide about the roster, to ensure zero obstruction/interfere in judiciary process, and can be made certain which member, which bench, to decide about which matter in the court. This tradition was set basically for smooth processing of judiciary. But, it doesn’t make the chief justice force his views on the other judges. In fact, this has been clearly mentioned in the judiciary and constitution of this nation that the Chief Justice is equivalent to other judges; the only difference is that his number comes first.
There are certain regulations to set the Roster, which states that the Chief Justice has to decide about the bench only as per the demand of the case. The next relevant step after the above would be that as long as the proper bench is not set, the real judgment should not be expected. Violating these rules can be disastrous that can create doubts about the dignity of the courts. At the same time, it can be the reason behind a lot of chaos.
Unfortunate is that the stated rules are not being followed properly since a few while. There are many such cases those are related to the nation, but have not been assigned to the proper benches. It doesn’t seem any relevant reason behind assigning the cases to those benches. The details of such cases have not been provided by the judges as the Supreme Court can be questioned in many ways.
But, it is also true that all these factors are the reasons behind the image of the Supreme Court being maligned up to much extent.
On this context, these judges believe that the R P Luthra vs Indian States case of 27th October, 2017 should be brought in to direct sight of the Supreme Court. It was stated there that keeping the betterment of masses in sight, “memorandum of procedure” should not be delayed anymore.
To give the final touch to the Memorandum of Procedure in March 2017, it was sent to the government of India. The government of India didn’t react on this matter. So it can be concluded that the government has accepted the “Memorendum of Procedure” regarding the “Advocates on record association” matter. On 4th July, 2017, seven judges of the court gave the verdict on this matter through respected judge C M Karnan. In context to R P Luthra, the unhappy judges had recommended due revisions regarding the appointment of the judges. Regarding the “memorandum of procedure”, regarding any matter, the judgement should be done at the conference of chief justice and the bench including all the judges. This is very important. It becomes the duty of the Chief Justice should solve the matter along with other members of the collegiums.