No Immunity

LETTERS TO THE EDITOR

Your observation in the editorial Administering the judiciary (January 12) that the way superior judges are appointed and supervised is vital and should be widely debated, echoes the sentiments of the vast majority of the people. You have rightly observed that its not even clear if the allegations against Justice Punchhi were properly investigated as no machinery exists for the purpose.

Moreover, the three-judge pan-el appointed by the Chief Justice to investigate these allegations had no legal and constitutional sanction and, therefore, its findings are not binding on anybody.

The process for impeachment in India is highly cumbersome and ineffective. What is more, it is giv-en to political manipulations as witnessed in the Justice Ramaswamy case. Therefore, there is urgent need to provide for an effective and simple mechanism to deal with charges of corruption against the members of the higher judiciary.

The US has passed the Judicial Councils Reforms Act in 1980 under which erring judges could be prosecuted and even sentenced to imprisonment if found guilty. It is high time such a law came into being in India to ensure judicial accountability. When the judiciary, through the PILs, is enforcing accountability of the executive and the legislature, it must apply the same criteria to itself and should not seek immunity!