Judicial corruption a reality

Hectic lobbying is on to seek a raise in the retirement age of Supreme Court judges by another two years. The apex court judges now
retire at 65. In the event of this proposal getting through, Chief Justice of India K G Balakrishnan could continue for another two-and-a-half years.

But there is stiff resistance to the proposal from within the judiciary as many high court judges could find their elevation prospects blocked. Sources say that there are several competent high court judges who are waiting to be elevated to the Supreme Court.

Political opinion is divided on the issue. While Opposition parties are against the idea of hiking the retirement age, many in Congress too are also against it. Law minister Veerappa Moily is learnt to be in the column of those opposing the proposal. CJI Balakrishnan is set to retire later this year after a stint of over three years.

Never in the history of the apex court has judiciary become so controversial. The higher judiciary had recently attracted adverse publicity when it refused a suggestion to declare assets of judges. It was only after a Karnataka HC judge went public with its disapproval of this stance and declared his assets that SC judges followed suit.

Karnataka HC Chief Justice P D Dinakaran’s elevation proposal by the SC collegium, too, kicked up a controversy when legal community came out with details of the assets set to be amassed by the judge. The collegium had to bow down before the outrage and withdraw his name from the list.

It was only last week that the Chief Justice of Delhi HC Justice A P Shah, before superannuating from his office, dropped a bombshell by saying that judicial corruption was a reality. “I will be lying if I say there is no judicial corruption. Justice Bharucha has spoken about this. My impression is that corruption is less in higher judiciary but it does exist, it’s a reality,” he had said. Mr Shah had also said that he was “deeply hurt” over being denied a berth in SC.