The Hindu Business Line : At long last

WELCOME news from Shimla! The Conference of State Law Ministers has set the ball rolling for establishing a National Judicial Council. On all accounts, this is a landmark event in the country's history which may be a trend-setter even for other polities. It is a mechanism that, if worked in the intended spirit, will go a long way to ensure adherence to the highest standards of integrity, accountability and transparency in the judiciary.

Independence of the judiciary does not mean being above the obligation to be answerable to its sovereign masters, "We, the People". As a creature of the Constitution, it is bound, not merely to conform, but be seen to conform, to the eternal verities of rectitude, propriety and probity. All the more so, because on it falls the sacred duty of enforcing them on Central and State Governments and all other institutions and individuals approaching it for adjudication of disputes. It, therefore, needs to be above even a whisper of unsavoury gossip in the way its members conduct themselves in private life and on the Bench. Regrettably, however, for many years those who have had to deal with lower judiciary have had their confidence shaken in its honesty, impartiality and ability to stand up to political and other influences. Slowly, the incubus seems have spread to the higher reaches as well, so much so that a former Supreme Court Chief Justice had publicly admitted that only 20 per cent could be assumed to be totally incorruptible.

One of the reasons could be that in many States the ruling political establishment had managed to fill the vacancies with its ardent erstwhile votaries. To make matters worse, there was no credible system to pull up deviant elements in the judiciary and visit them with condign and quick punishment. Add to all this, the declining quality and calibre of faculties of Law Colleges and the picture of despondency is complete. No wonder, recently, the President, Dr Abdul Kalam, himself had to point to the judges the imperative need for impeccable conduct and performance in terms of speed of disposal, prompt delivery of judgments, cutting down holidays and the like commensurate with people's expectations.

The new Commission thus will have plenty on its plate. The sooner it is in place the better.

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