"There was an instance where Rs 15 lakh which were supposed to be paid to one of the Judge, was accidentally sent to another Judge, exposing the entire incident. "The Judge at whose residence the money landed was having high esteem. That is why the entire issue was exposed. Why was the money sent? Doesn’t this speak of corruption? "The Court can decide but it cannot create a law. The court cannot form a new law but unfortunately these days we have seen that several times the court interprets the law in their own way and try to create their law. Courts are trying to create laws for their own gain"- CM Manohar Parrikar.Margao-Goa: Coming down heavily on the most sensitive pillar of democracy, Chief Minister Manohar Parrikar alleged that the Indian judiciary is not free from corruption and it is important that judiciary be made accountable. “If you think that there is no corruption in the judiciary than you are under wrong impression. No one talks about judiciary because of contempt of the court,” Parrikar told the State Legislative Assembly today, during the day-long session held to ratify the National Judicial Appointments Commission Bill (NJACB), 2014 brought through 121st amendment to the Constitution of India.
The House ratified the amendment to the Constitution with both ruling and opposition MLA’s supporting the NJACB. Independent MLA Vijay Sardesai raised his objection to passing of Bill. The bill seeks to replace the collegium system in the selection process and give the executive an equal role in judicial appointments through a Commission. Being a Constitutional Bill it has to go through the motion of seeking consent of at lest 50 percent States before getting the President’s assent. The Chief Minister cited that there was an instance where Rs 15 lakh which were supposed to be paid to one of the Judge, was accidentally sent to another Judge, exposing the entire incident. “The Judge at whose residence the money landed was having high esteem. That is why the entire issue was exposed. Why was the money sent? Doesn’t this speak of corruption?” Parrikar said.
In his nearly half an hour speech, Chief Minister lashed out at the judiciary stating that some of the judges were trying to create their own laws by interpreting the existing legislation. "The Court can decide but it cannot create a law. The court cannot form a new law but unfortunately these days we have seen that several times the court interprets the law in their own way and try to create their law,” he said. The Chief Minister pointed out that in case of judgment delivered by the Supreme Court in connection with the illegal mining in Goa and Orissa, different parameters are adopted. “In the Goa case judgment the court speaks of inter generational equity. But it is applicable only to Goa and not for the rest of the country?” he questioned, adding that inter generational equity argument was not included in case of Orissa.
He said that unlike other pillars of democracy- the Legislature, Executive and Press, who are accountable to the people, the judiciary is not. “We (legislators) are accountable to the people through election. Politicians need to be the most accountable. If a politician is not accountable than he is thrown out of power,” he added. He inferred that Judges on the other hand were not only accountable but had absolute power and “absolute power corrupts absolutely,” he said. He said that in last few years the appointment of judges was shrouded in secrecy. He also pointed out how the judiciary takes a call in case of appointments, promotions, transfers and salary grade and are not accountable for it.
Supporting the proposed six-member judicial commission, which will be set up through this bill, Parrikar tried to set aside speculation of political interference in the appointment claiming that the “judiciary will have more roles to play in the commission, than politicians.” The commission is headed by Chief Justice of India, with two members from Supreme Court, Union Law Minister as on member and two more eminent members, selected by a committee of three-Prime Minister, Leader of Opposition and Chief Justice.
