Date:07/12/2002 URL: http://www.thehindu.com/2002/12/07/stories/2002120700021000.htm

Opinion - Letters to the Editor

Code for judiciary

Sir,__ Your Editorial, `For greater judicial accountability' (Dec. 6): What we need is a credible mechanism to investigate allegations of misconduct of higher judiciary and to assess their performance. There can be no dispute that the constitutional provision for impeachment is impractical and covers only proved misbehaviour. Now there is in-house procedure for enquiry and if the CJI is prima facie satisfied he may request the delinquent judge to resign. The credibility of the judiciary is as important as its independence. The courts belong to the people. The unflinching faith of the people is the bedrock on which the system is built.

According to a former CJI, the extent of corruption in the judiciary is 20 per cent and Justice Michael Saldahna of the Karnataka High Court says it is 33 per cent. Whatever the percentage, the truth is that there is erosion of faith in the system. Parliament should pass appropriate law, making the code of conduct of higher judiciary mandatory and having a statutory basis.

V.K. Sathyavan Nair,

Kottayam, Kerala