Vice President Jagdeep Dhankhar on Supreme Court & Collegium-National Law University, Kochi
Vice President Jagdeep Dhankhar on Supreme Court & Collegium-National Law University, Kochi
Vice President Jagdeep Dhankhar on Supreme Court & Collegium-National Law University, Kochi
I do a critical discourse on the ongoing controversy surrounding a corrupt judge in India, focusing on the judiciary’s role, government limitations, and political dynamics.
I highlight here statements made by India’s Vice President Jagdeep Dhankhar at the National Law University, Kochi, where he openly criticized the Supreme Court and the Collegium system for shielding a corrupt judge despite clear evidence of wrongdoing. Dhankhar underscored the systemic failure whereby the government is powerless to initiate an FIR or investigation due to a 1990 Supreme Court precedent that grants immunity to sitting judges.
As independent citizen and Military Veteran I would like to emphasise that Judges Enjoy Immunity from Law and Scrutiny Both Ways,First they elect each other Judge within Home Grown Committee Secondly No Indian Law is applicable on them moreover No Law Enforcement Agencies can Investigate them. Consider a scenario when a Judge is Murdered,Killed in accident,there is theft in house then No Indian Law Enforcement Agency will investigate them,Judges Committee will take care of everything?Are they geared up for that? People of India must see how Judges will behave if unfortunate incident takes place.
The Vice President emphasized that this judicial immunity has obstructed justice and eroded public trust in India’s judiciary, which is further compounded by the Collegium’s reluctance to allow investigation or FIR against the judge. He pointed out that attempts by the government to impeach the judge through parliamentary procedures would be lengthy and fraught with hurdles, including potential legal defenses and political boycotts by opposition parties like Congress.The current Chief Justice of India (CJI) and previous CJIs protecting the accused judge, which has shaken citizens’ faith in the judicial system.
There is urgency for the present CJI, Justice B.R. Gavai, to break from past precedents and allow an FIR and a thorough inquiry by agencies such as the ED, CBI, and IB. The wider issue of judicial independence is being misinterpreted as unaccountability, leading to a backlog of over 5 crore pending cases that burden the public. It calls on the judiciary to restore its credibility by acting against corruption within its house and also highlights the Vice President’s repeated warnings to the CJI to take decisive action.
### Highlights
- ⚖️ Vice President Jagdeep Dhankhar openly criticizes the Supreme Court and Collegium for shielding a corrupt judge.
- 🔍 Government is unable to file an FIR or investigate due to a 1990 Supreme Court precedent granting judicial immunity.
- 🕰️ Impeachment of the judge through Parliament is a lengthy and uncertain process, vulnerable to political maneuvering.
- 🙅 Opposition party Congress has historically boycotted impeachment proceedings, stalling justice.
- 📉 Public trust in India’s judiciary is severely eroded due to perceived protection of corrupt judges by the Collegium.
- 🚨 Urgent call for Chief Justice B.R. Gavai to break the cycle and allow FIR and investigation against the judge.
- 🏛️ Judicial independence is being conflated with unaccountability, contributing to massive case backlogs and public distress.
### Key Insights
- ⚖️ **Judicial Immunity and Its Consequences:** The 1990 Supreme Court ruling that protects sitting judges from FIRs has created an environment where alleged corruption within the judiciary cannot be probed through normal legal channels. This immunity, intended to protect judicial independence, has ironically resulted in a lack of accountability and undermined the rule of law. The situation exemplifies how legal precedents, while designed for one purpose, can have unintended consequences impacting governance and justice delivery.
- 🏛️ **Collegium System’s Accountability Deficit:** The Collegium, responsible for judicial appointments and administrative oversight, has been criticized for its opaque functioning and lack of accountability. The Vice President’s remarks highlight how this system has shielded a corrupt judge despite overwhelming evidence, raising serious questions about internal checks and balances within the judiciary. The Collegium’s autonomy, though important, requires mechanisms to ensure transparency and responsibility towards public interest.
- 🔄 **The Impeachment Process as a Double-Edged Sword:** While the constitutional process of impeachment provides a legal route to remove corrupt judges, its complexity and duration make it ineffective in urgent cases. The process involves parliamentary committees, voting, and presidential assent, during which the accused can mount a vigorous defense. This delay allows the accused to continue enjoying official privileges, which in this case includes salary and pension, thereby diluting the deterrent effect against judicial corruption.
- 🔍 **Role of Political Dynamics in Judicial Accountability:** Opposition parties, notably the Congress party, have historically boycotted impeachment proceedings, as referenced in the transcript. Such political strategies can impede the enforcement of judicial accountability, suggesting that judicial reform is not merely a legal issue but also a deeply political one. The interplay between judiciary, executive, and legislature becomes critical in ensuring checks and balances but can also become a tool for political expediency.
- 📉 **Erosion of Public Trust and Judicial Credibility:** The Vice President’s pointed criticism reflects a growing public disenchantment with the judiciary, fueled by delays, perceived protectionism, and lack of transparency. With over 5 crore pending cases, the judiciary’s backlog compounds the problem, making it appear inaccessible and inefficient to common citizens. This erosion of faith threatens the very foundation of democracy, where an independent and trusted judiciary is essential.
- 🚨 **Urgency for Proactive Leadership by the Chief Justice:** Justice B.R. Gavai, the current Chief Justice of India, is positioned as a pivotal figure who can restore judicial integrity by authorizing investigations and FIRs against corrupt judges. The transcript’s appeal to him underscores the need for reform-minded leadership within the judiciary that balances independence with accountability. His actions could set a precedent, distinguishing him from predecessors who defended the status quo.
- ⚠️ **Judicial Independence vs. Judicial Autocracy:** The discourse raises a fundamental question about the nature of judicial independence. While independence is crucial to prevent external interference, unchecked autonomy can lead to autocracy and impunity. The transcript warns against conflating independence with immunity from accountability, emphasizing that true judicial freedom must coexist with mechanisms that prevent abuse of power and ensure responsibility to the public and constitution.
In conclusion,Vice President Speech serves as a compelling critique of India’s judiciary’s current challenges, especially around internal accountability and political interference, and calls for urgent reforms to restore faith in the justice system. It highlights the delicate balance between protecting judicial independence and ensuring that no individual, regardless of position, is above the law.
Col Rajendra Shukla (Retd)
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