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Opaqueness on administrative side of Indian judicial system resulted in unfortunate happenings at Indian judiciary on 12.01.2018

Arguments are being made that the four senior-most judges of Supreme Court after Chief Justice of India must not have bypassed conduct-code number nine of ‘Restatement of values in judicial life’ as passed unanimously by full-bench of Supreme Court on 07.05.1997, by holding an unprecedented press-conference on 12.01.2018 and instead they could have written to President of India on happenings within Supreme Court in case Chief Justice of India (CJI) was not listening to them. But such a course of action would have been unfruitful in present era of opaqueness in administrative side of Indian judicial system. Any such correspondence by Supreme Court judges would never have come out with all possibility of being dumped in files.

Immediate time-bound remedial measures are now necessary for damage-control. Transparency in administrative side should be fastened by Chief justice of India sue-motto taking action for fast decision on nine-year old stay on various CIC-verdicts against Supreme Court registry. Rules should be formed for formation of benches and case-allocations. Permanent National Judicial Commission with retired Supreme Court judges as nominees of President, Prime Minister, Opposition Leader and Bar Council of India with Chief Vigilance Commissioner as its ex-officio Secretary should be constituted for appointments in higher judiciary and also to probe complaints against judges and prescribe punishment to guilty-found judges.

SUBHASH CHANDRA AGRAWAL

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