Spat at Law-Day function in New Delhi

The spat took place between the Supreme Court Bar Association President MN Krishnamani and Union Law Minister HR Bhardwaj, reports Satya Prakash.

The annual Law Day function in New Delhi on Sunday witnessed a spat between the Supreme Court Bar Association President MN Krishnamani and Union Law Minister HR Bhardwaj with the former talking of the need to check corruption in the judiciary and the latter strongly defending the judges.

Interestingly, it happened in the presence of Chief Justice of India YK Sabharwal and the Judges of the Supreme Court, various High Courts, foreign dignitaries and a large number of lawyers.

Later in his speech, the CJI said "I do feel aghast when it comes from the legal fraternity."

It all started with Krishnamani giving examples of alleged involvement of judges in corruption and misbehaviour and demanding that members from other organs of the state also be there in the proposed National Judicial Council to look into complaints of "misbehaviour" and "incapacity" against members of the higher judiciary.

The SCBA president also demanded changes in the current system of appointment of judges.

Bharadwaj rejected the idea of involving non-judicial representatives in the NJC or tinkering with the current system of appointing judges of the Supreme Court and High Courts.

There is no question of either involving the Legislature or other laymen in the Council, he said.

"When you talk of separation of powers between the different wings of the government, how can the Legislature be involved in the Council or any layman be made part of the council? If it happens, it would be a sad day for the most important institution of the country," the Law Minister said.

Both Bhardwaj and the CJI said if somebody was aggrieved by the 1993 Constitution Bench judgment which gave primacy to the Supreme Court Collegium of senior-most judges over that of the Executive in the appointment and transfer of Judges, the right recourse was to go to a larger Bench. It can not be done through a new law, they said.

Bharadwaj, who devoted most of his speech in defending the Judiciary and the current system of appointment of Judges of the Supreme Court and High Courts, ruled out any change in the current system of appointing judges.

Kriahnamani had suggested that constitutional figures like the Vice President and the Leader of Opposition should be made a part of the Council which should also deal with the appointment and transfer of judges, and not just look into the complaints.

However, the Law Minister rejected the idea saying, "The appointments can be made only by the peers (judges) in mutual consultation. Maybe the Bar can be consulted."

Bhardwaj complimented the Indian judiciary as one of the best in the world. For his part the CJI termed the Indian Constitution as the best in the world.

He underlined the need to improve the judiciary's functioning in remote and far-flung areas of the country to give relief to the common man.

"How many people do you think fight their cases in the Supreme Court or the High Courts?" he asked. He said it was the duty of the subordinate judiciary and the bar to ensure speedy disposal of hundreds of petty cases that pile up in lower courts.

Email Satya Prakash: satya.prakash@hindustantimes.com

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