The Hindu : 'Law needed against black sheep in judiciary'

Online edition of India's National Newspaper
Monday, Dec 30, 2002

Southern States

Southern States - Karnataka-Bangalore

'Law needed against black sheep in judiciary'

By Our Staff Reporter

BANGALORE Dec. 29. The senior Supreme Court advocate and President of the Bar Association of India, Fali S.Nariman, on Sunday suggested the formation of a Judicial Commission similar to one in the United States to "weed out black sheep among judges."

He was speaking to presspersons after delivering a talk on "Is there an Indian conception of justice?" at the National Law School of India University here.

When asked to comment on the recent scandals allegedly involving some judges in Karnataka and other States, he said: "My own suggestion is that there has to be a law like the Judicial Commission in the U.S. One can't depend on the whims of a judge or another Chief Justice to do so."

"The U.S. is also facing a problem similar to that of India. There are black sheep among judges and only a Judicial Commission can weed them out," Mr. Nariman said.

"We must know of a process to weed them (black sheep) out. How to weed them out? ... What to do? ... This is a process again. We can't depend on the whims of one judge or another Chief Justice. It has to be a law. This would be a far better method to the satisfaction of all concerned. It has to be open and transparent," he explained.

On the accountability of judges, Mr. Nariman said: "Judges have to be accountable. But, in the guise of accountability, one must never forget the independence of judiciary," he said.

"We must not give the executive the role of whipping the judges. For God's sake. That will be a disaster because the independence of judiciary is affected," he said.

"Judiciary has to find its own method to resolve the crisis. If it does not, a legislation will have to be adopted," he said.

On the "active functioning" of the judiciary, Mr. Nariman said: "As and when we find that other institutions of the Government once again get strong enough to assert themselves, I am afraid the judiciary will have to pull back. But, at the moment, the judiciary is doing what other institutions are not able to achieve."

On the Supreme Court order regarding the right of lawyers to go on strike, Mr. Nariman said he personally believed that "lawyers have no right to strike. But, mine is a minority view."

Earlier, during the talk, Mr. Nariman spoke of an "overactive" judiciary and its "activism."

He cited examples to explain the concept of Indian justice to the law students. "The litigating public should have more confidence in the system. Justice for all is real justice," he added.

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