Open letter to TS Thakur, chief justice of India

Justice Chelameswar and Transparency in the judiciary

shailesh

Shailesh Gandhi | September 7, 2016 | New Delhi


#Supreme Court   #Shailesh Gandhi   #parliament   #Transparency   #RTI Act   #RTI   #judiciary  


Justice TS Thakur,
Chief justice of India.
Dear Sir,

I am writing this letter in the spirit of seeking an improvement in the working of the judiciary, and not as an exercise of criticism. India has not been able to deliver the fruits of democracy as per the aspirations of ‘we the people’. I would submit that the responsibility lies with all the four estates as well as the citizens. One of the attributes on which we have been weak is in recognising citizens’ right to information. Despite parliament passing the RTI Act which rates among the best five laws as far its provisions are concerned, our rating in implementation is at a poor 66.

It is well recognised that the first clarion call for transparency was given by Justice Mathew who said: “The people of this country have a right to know every public act, everything that is done in a public way by their public functionaries. They are entitled to know the particulars of every public transaction in all its bearing. Their 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 transactions which can at any rate have no repercussion on public security.”

The only restrictions on this fundamental right under Article 19 (1) (a) permitted by the constitution are those specified in Article 19 (2). The exemptions in the RTI Act cover all of these. Yet the performance of all three estates in implementation has not been very good. There was a hope that the judiciary with its pronouncements on RTI would be a role model and enforcer of this right. This hope has been belied. There are various instances which can be highlighted. To quote two:

1. The rules for RTI framed by many courts are not in consonance with the Act. The Bombay high court in fact did not even frame the rules for a year, and some courts have exemptions that are not in the law.  Some high courts had kept Rs 500 as the application fee, while most other competent authorities charged Rs 10.

2. The supreme court PIO challenged an order of the CIC in the high court, and despite it being dismissed by a division bench it has been stayed by the supreme court. The supreme court has not heard this matter since 2010.

As Aniket Aga wrote in The Wire, While the government often comes under fire for not effectively implementing the RTI Act, few have noticed that India’s highest court violates the Act routinely, and with an impunity that makes the government’s evasion of the RTI Act seem benign.
This is also evident in the way the court refuses to share information about the process of appointments and the reasoning behind it. Charges and complaints against judges are not shared with citizens, nor are the results of investigations. Lack of transparency and accountability are justified on the grounds of maintaining the independence of the judiciary.  The little man - the citizen - is considered immature by the powerful to monitor them. Ills that afflict the other estates are likely to be present in the judiciary as well. The best safeguard and disinfectant is transparency and the demand for accountability which follows. Justice Chelameswar has very boldly raised the issue of lack of transparency in the judiciary, and the nation is grateful to him. Please do not try to ‘sort it out’. You must take this opportunity to bring accountability and better governance to the nation. There is an urgent need to ensure that all judicial vacancies are filled by a proper transparent process so that the faith of people in our democracy is restored. It is impossible that the judges can by themselves spare adequate time to select the new judges with proper diligence. You must be aware that the increase in backlog of cases is around 1.5% each year, whereas the vacancies in the judiciary are over 20%. This is the cause for pendencies.  A proper process with adequate resource must do this job.

Please recognise Justice Chelameswar’s signal contribution to our democracy, take this opportunity to bring transparency to the judiciary and accept that mistakes may be made in all fields. A democracy providing an equitable and fair nation will evolve, not by having infallible public servants, but by devising institutional mechanisms which will correct the foibles of men.

We have lost the balance of the checks and balances designed by our constitution.

I beseech you, Sir, for the sake of our nation let us restore it with your authority and wisdom.
 
Yours truly
Shailesh Gandhi
Former central information commissioner
 

This letter is also posted as a petition:

https://www.change.org/p/making-judiciary-transparent-justice-j-chelameswar-has-shown-the-way

 

Comments

 

Other News

AI in education: How to embrace the change (and why)

It is often said that industry is at 4.0 and education is at 2.0. To transform education in line with artificial intelligence (AI), it is imperative to adopt what companies like Google are doing. We must learn to grow along with AI as AI is going to grow. There is a need to evolve the mindsets of educators

Diamonds are Forever: A Saturday story

Saturday Stories By Rashmi Bansal HarperCollins, 176 pages, Rs 250 From the bestselling author of ‘Stay Hu

Oracle Adds AI Capabilities to Oracle Analytics Cloud

Oracle has showcased new AI-powered capabilities within Oracle Analytics Cloud. Leveraging the Oracle Cloud Infrastructure (OCI) Generative AI service, the new capabilities assist analytics self-service users to more quickly and efficiently conduct sophisticated analysis and make better business decisions

Domestic airlines show 38.27% growth in passenger numbers

The domestic aviation industry has witnessed a remarkable surge in passenger traffic during the first eight months of 2023. According to the latest data analysis, the number of passengers carried by domestic airlines from January to August 2023 reached an impressive 1190.62 lakhs, marking a substantial inc

MPs bid adieu to historic parliament building, step into new building

A function was organised in the Central Hall of Parliament on Tuesday to commemorate the rich legacy of the Parliament of India as the Members came together to bid adieu to the historical building before stepping into the New Building of Parliament. Prime Minister Narendra Modi, Lok Sabha sp

Real action, not words alone, needed to achieve UN agenda 2030: civil society

As politicians and policymakers make speeches at the United Nations during a high-level summit next week to assess the lack of progress on the 2030 Agenda and the Sustainable Development Goals (SDGs), people’s leaders representing some of the world’s most marginalised communities have come toge

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter