Lordship, kinship

There is a reason why the Indian Supreme Court is termed the world’s most powerful. Unlike most countries, our judges select themselves, with little outside interference. Judges are shielded from scrutiny: the impeachment process is practically unworkable, and RTI applications cannot harass judges. Even the truth against Caesar’s wife is no defence in contempt cases. In exchange, the judiciary has mostly kept its end of the bargain, acting as a credible opposition to state excess. But such unprecedented judicial power carries high burden — even in the best of times, judges must avoid the faintest hint of impropriety.

These are not the best of times. Disturbing allegations of judicial corruption — the Ghaziabad provident fund scam, the Punjab judicial corruption case, and the Delhi ceiling drive, to name but a few — have cast shadows long enough even on the highest court. The protracted fight over the Judges (Inquiry) Bill also highlights legislative unease about the carte blanche that judges have. It is therefore not a moment too soon that Chief Justice K.G. Balakrishnan has taken some pro-active steps to cleanse the judiciary. He has ordered CBI inquiries into some allegations, and recommended impeachment or dismissal in other cases, His latest missive is similarly impressive: lawyers whose names are being considered for elevation to the Supreme Court or a high court must disclose if any of their kin is practicing in that court.

This might seem an innocuous proposition. But the legal world is a cloistered one, and access to a sitting judge, even when unabused, is prone to comment. The opaque judicial selection process has also led to allegations that relatives of sitting judges are being favoured. While blood may not always be thicker than water, it should not stain, even perchance, the spotlessness that confidence in the judiciary requires. The higher judiciary, one of India’s few credible institutions, must fight to preserve that credibility. A more transparent selection process, where aspirants disclose the filial ties that might bind them in their future work, is a good step forward. Mrs Caesar’s nephew must avoid the luxuries of her court.