INCESSANT public scrutiny has prompted the higher judiciary to take proactive steps for ensuring greater transparency and accountability. Weeks after Vice-President Jagdeep Dhankhar expressed outrage over what he perceived to be judicial overreach and opacity, the Supreme Court has made public the entire process of appointments to the high courts and the apex court, uploading the details on its website. The names of judges recommended by the collegium, their relation to sitting or retired judges of the SC or high courts, the inputs received from the Central and state governments — it’s all there in black and white, readily accessible to everyone. What’s more, the SC has uploaded statements of its judges’ assets, a month after a full-court decision was taken to publicly disclose the specifics.
The exercise, carried out “for the knowledge and awareness” of the people, will go a long way towards boosting public confidence in the judiciary. This institution, a vital pillar of the State, has of late been targeted not only by Dhankhar but also by BJP MP Nishikant Dubey, who accused the Supreme Court of taking the country towards anarchy and blamed the Chief Justice of India for ongoing “civil wars”. Even though the apex court has refused to entertain a plea seeking contempt action against Dubey, the blatant attempts to undermine the authority of the judiciary don’t augur well for our democracy; they must be condemned in the strongest terms.
The push for transparency is also aimed at warding off the detractors of the collegium system of judicial appointments. Allegations of nepotism have turned the spotlight back on the National Judicial Appointments Commission (NJAC) Act, which was struck down as “unconstitutional” by the SC in 2015. At stake is the independence of the judiciary, which is being criticised by the executive and the legislature to hide their own shortcomings. The Supreme Court is doing well by standing firm in the face of these challenges.