The Changing Face Of Indian Judiciary .
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By: RAVI KUMAR SINGH OMPRAKASH KIIT LAW SCHOOL KIIT UNIVERSITY (BHUBANESHWAR)
The changing face of Indian judiciary .
Access to information, as part of the fundamental right to speech and expression, was not the right of most Indians till the enactment of right to information act. June 15, 2005 was, indeed a milestone in the history of our nation .The day saw the notification of the RTI act, which ensured that people had access to information which is under the control of public authority. that would promote transparency and accountability in the working of all public authority to the country .But the recent statement of chief justice of India regarding his office is out of of the purview from the right to information act has reasonably become the matter of criticism. I think while stating the statement the CJI has forget one of the important section of RTI act 2005, and that is 2(h) which define a public authority as “any authority or body or institution of self government established or constituted by or under the constitution” even if as reported ,the chief justice prefer to see himself as constitutional authority ,and not a public servant , which is quite amazing but he need to realize soon because all constitutional body are also public authorities as defined in the act. Another important thing which CJI has missed is that it is the supreme court of India that had laid the grounds for opening .Up the acts of government and its functionaries to the people .In 1975 in the state of U.P vs Raj Narayan case for instances the supreme court held “in a government of responsibility like ours ,where all the agent of public must be responsible for their conduct ,there can be but few secrets .the people of this country have a right to know every public act ,everything that is done in a public way , by their functionaries …the right to know which is derived from the concept of freedom of speech , though not absolute is a factor which should make one wary , when secrecy is claimed for transaction which can ,at any rate ,have no repercussion on public security .to cover with veil of secrecy ,the common routine business is not in the interest of public”. Not only that the supreme court in another judgment (S.P Gupta vs union of india ) upheld the right to information act as a fundamental right ,but now
being seen as backing from its own leading role , and in many cases taking an adversarialposition like recently the Punjab and Haryana high courtrejected an RTI application seeking information on pendency of cases (including writs ) in the high court and the number of cases remanded by the supreme court for rehearing and or expedious disposal .The rules of Punjab and Haryana high courtare in violation of the RTI act . this type of issue which is coming out clearly show that the judiciary wanted to be a non – accountable and at the same time wanted to make other wing accountable (Legislature and Executive ) ,which is immoral as well as the opening a door for the fight between which has already been started between legislature and judiciary and in such circumstances the disagreement of the Lok Sabah speakersomnath chatarjee with with judiciary is justifiable .But such clash is bad for the largest democratic country like india. The time has came , when the judiciary with its priest has to understand that without being open and transparent the judiciary must not ask the other wing to be accountable but instead judiciary should come out with transparency and openness so that it can occupy the high moral ground to claim the accountabality,which is the history of Indian judiciary.
The changing face of Indian judiciary .
Access to information, as part of the fundamental right to speech and expression, was not the right of most Indians till the enactment of right to information act. June 15, 2005 was, indeed a milestone in the history of our nation .The day saw the notification of the RTI act, which ensured that people had access to information which is under the control of public authority. that would promote transparency and accountability in the working of all public authority to the country .But the recent statement of chief justice of India regarding his office is out of of the purview from the right to information act has reasonably become the matter of criticism. I think while stating the statement the CJI has forget one of the important section of RTI act 2005, and that is 2(h) which define a public authority as “any authority or body or institution of self government established or constituted by or under the constitution” even if as reported ,the chief justice prefer to see himself as constitutional authority ,and not a public servant , which is quite amazing but he need to realize soon because all constitutional body are also public authorities as defined in the act. Another important thing which CJI has missed is that it is the supreme court of India that had laid the grounds for opening .Up the acts of government and its functionaries to the people .In 1975 in the state of U.P vs Raj Narayan case for instances the supreme court held “in a government of responsibility like ours ,where all the agent of public must be responsible for their conduct ,there can be but few secrets .the people of this country have a right to know every public act ,everything that is done in a public way , by their functionaries …the right to know which is derived from the concept of freedom of speech , though not absolute is a factor which should make one wary , when secrecy is claimed for transaction which can ,at any rate ,have no repercussion on public security .to cover with veil of secrecy ,the common routine business is not in the interest of public”. Not only that the supreme court in another judgment (S.P Gupta vs union of india ) upheld the right to information act as a fundamental right ,but now
being seen as backing from its own leading role , and in many cases taking an adversarialposition like recently the Punjab and Haryana high courtrejected an RTI application seeking information on pendency of cases (including writs ) in the high court and the number of cases remanded by the supreme court for rehearing and or expedious disposal .The rules of Punjab and Haryana high courtare in violation of the RTI act . this type of issue which is coming out clearly show that the judiciary wanted to be a non – accountable and at the same time wanted to make other wing accountable (Legislature and Executive ) ,which is immoral as well as the opening a door for the fight between which has already been started between legislature and judiciary and in such circumstances the disagreement of the Lok Sabah speakersomnath chatarjee with with judiciary is justifiable .But such clash is bad for the largest democratic country like india. The time has came , when the judiciary with its priest has to understand that without being open and transparent the judiciary must not ask the other wing to be accountable but instead judiciary should come out with transparency and openness so that it can occupy the high moral ground to claim the accountabality,which is the history of Indian judiciary.
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