'Judiciary Failed To Stem Tide Of Militant Majoritarianism' : Shashi Tharoor During Lok Sabha Discussion On Judicial Independence

The High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021 was taken up for consideration and passing in Lok Sabha yesterday. The Bill which seeks to amend Acts that regulate the salaries and conditions of service of the judges of High Courts and the Supreme Court of India, clarifies that the pensioner-judges will be entitled to the additional pension or family pension from the first day of the month in which they complete the minimum age under the concerned age bracket.Parliamentarians across parties, while expressing their support for the Bill under consideration, expressed their views that there were other issues pertaining to the Indian Judiciary that required attention and action from the Lok Sabha.MP Dr.Shashi Tharoor from Indian National Congress raised the issue of retirement ages of high court judges and the implications of that for the pendency of cases. He pointed out that Venkatachaliah Report 2002 had recommended that retirement age of HC judges be increased to 65 years. In comparison, in other countries standard retirement age is 70 years or even appointment for life. Tharoor also spoke about the staggering vacancy rates in judicial positions, adding that "Justice delayed is justice denied but how can we deliver justice when 406 posts are lying vacant in 25 High Courts across the country. This once drove a sitting CJI to tears before the Prime Minister but even his tears seem to have left the government unmoved."Tharoor also brought up the issue of judicial pendency and pointed out that between 2010 and 2020, pendency has grown by 2% annually. To drive home his point, he added that even if no new cases were to be filed now on, the time taken to dispose off currently pending cases would be 1.3 years for the SC and 3 years for the HCs.Pointing out that India had among the lowest judge-to-population ratios in the world, Tharoor urged the government to look into the conditions of service of judges, increase in retirement age, filling up of vacancies and reduction of pendencies.Tharoor spoke on the issue of Independence of Judiciary, adding how having decent conditions of service would strengthen the cause of independence of judiciary too."The earlier a judge retires, greater the need for post-retirement activity and consequently greater his/her vulnerability to the blandishments of the government of the day," he added.Carrying on, he added:"We are witnessing the executive's overarching, sometimes invisible and occasionally direct control over judiciary contrary to Art.50 of the Constitution. A number of judges have been transferred indiscriminately even when their retirements are only a few months away. Atleast two of these judges had ruled unfavourably for the government's point of view for the Ishrat Jahan and Sohrabuddin case.Sticks are balanced with carrots. We see the appointment of former CJI as a Rajya Sabha MP."Referring to the demolition of Babri Masjid that took place on 6th December, Tharoor added that there had been a "failure on part of the judiciary to stem the irresistible tide of militant majoritarianism." "We are meeting the day after the anniversary of the act of demolition of a place of worship it is only fitting to recall how that act of vandalism was in effect legitimised by the Court," he added.Tharoor further raised the issue of courts dragging their feet in lawsuits challenging governmental actions."The Court has deferred many lawsuits challenging government's actions. The goverment was awarded a clean chit in the Rafale case on the basis of sealed covers. This is utter disregard for sound legal principles. Habeas Corpus petitions have been kept pending before the J&K HC. And it noteworthy to note that Rule 8, of HC Caseflow Management Rules clearly states that Habeas Corpus petitions must be disposed off within 15 days. Many commentators have contrasted this with the urgency with the writ of the editor of a television channel was heard. Similar urgency in cases involving critics and ordinary citizens would be the true sign of a Court that carries out its functions independently."Tharoor also shared his opinion that the Courts have shown lassitude in hearing petitions challenging Citizenship Amendment Act, demonitisation and S.435 of UAPA denying bail to dozens of dissidents. He also pointed out that despite a 2013 Gauhati High Court ruling that CBI is unconstitutional body, the Supreme Court has stayed the judgement and not heard the matter.He added: "By its continued inaction the court has not just allowed the government's actions against the citizens to go unpunished, but has led to some critics to ask whether the SC should also be considered an accomplice to the violations of rights granted by the Constitution.""The judiciary's inactions almost always favours those in power. When courts fail to hear cases against the government, it is by default deciding in favour of ...

'Judiciary Failed To Stem Tide Of Militant Majoritarianism' : Shashi Tharoor During Lok Sabha Discussion On Judicial Independence

Sneha Rao

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'Judiciary Failed To Stem Tide Of Militant Majoritarianism' : Shashi Tharoor During Lok Sabha Discussion On Judicial Independence

Sneha Rao

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