Delivering justice

An effective justice delivery system is critical to successful functioning of a democracy. Given the widespread corruption plaguing the legislature and the executive in India, it is all the more imperative for the judiciary to uphold uncompromisingly the credibility of the institution. A credible and responsible judiciary is indispensable to good governance. As the learned jurist and former Chief Justice of India, JS Verma observed in the golden jubilee function of Gauhati High Court, the judiciary has to set a very high benchmark for itself and be the best it can be. Remaining content with merely good is certainly not enough for the judiciary. While our judiciary has earned accolades in recent times for making judicious interventions in the functioning of the legislatures and the executive in the greater public interest, a disturbing concern has also emerged in the form of growing allegations of corruption, especially in the higher judiciary. And the fact that various quarters from within the judiciary have shown a marked reluctance to be open to public scrutiny vis-à-vis its functioning, has not done any good to its image. Transparency in functioning is a must for any public institution, and the judiciary, too, need not be an exception and remain outside the bounds of probity. Rather, there is an urgent need for the judicial set-up, including the judges, to be open to public scrutiny. Steps like declaration of assets by judges, evolving an effective mechanism to discipline errant judges and check corruption, a reasonable impeachment procedure for judges, etc., could go a long way in ensuring greater public confidence in the judiciary.

The rising cost of litigation that effectively results in denying justice to a vast segment of the populace from poor and unprivileged sections, and the ridiculous delay in justice delivery, have been two major factors behind people’s growing disillusion with the judiciary. This is something that invariably undermines the efficacy of justice dispensation. It is time the judiciary started a process of reform – including a mechanism that ensures free or low-cost legal assistance to the underprivileged -- so that justice is delivered swiftly. Any weakening of the judiciary or erosion of public faith in the justice delivery mechanism is sure to have ominous portents for a democracy. More than others, the onus is on the judiciary itself to redeem itself of the ills afflicting it. ASSAM TRIBUNE