RTI VS. JUDICARY

A Parliamentary Standing Committee on Personnel, Law and Justice held that judiciary comes under the purview of the Right to Information law with regard to all activities of administration except “judicial decision making”. Apart from the views of the judicial mechanism, various citizens, including activists, are of the view that the corrupt among public servants always give a ruse, reason to escape from accountability. It is the citizens of India, who provides the judiciary with the power to judge and do justice to them, so it is quite obvious that they have the right to ask the judiciary for the appointment criteria as such appointed judges will be dealing with their cases later. If the judiciary is having hiccups when they are being asked for the appointment process adopted by them, it simply means that there are some mal-appointment criteria that will not be accepted by the common people at large. All this indicates that it is the duty of the judiciary to honor the citizens of India by honoring RTI. Moreover, it is very obvious that the current practice for appointment of judges which also include- “bhai bhatijavaad” will lead only to a big haphazard which will indirectly lead to corruption as those who have been appointed on that criteria will obviously maintain this criteria till they hold an office in judiciary, thereby this process will lay a long term sustenance in the Indian judiciary. Our judiciary is trying to exempt itself from speaking truth, to honor RTI act, by citing legal privileges during appointment of persons to the Indian judiciary. More than RTI ACT , to seek information is part of every Indian citizen’s fundamental rights & human rights , RTI ACT is just fulfilling that right partly & fixing a time frame. Nobody , no constitutional functionary is higher than Indian citizens , nobody’s privileges or any laws prevailing over the fundamental rights & duties of Indian citizens is constitutional , just or legal .The shame is that even after 64 years of independence , FUNDAMENTAL RIGHTS & DUTIES OF INDIAN CITIZENS is observed more in breach than implementation , by our public servants including the judiciary . Moreover, glancing over the opinions of certain hon’ble justices, advocates and jurists, certain positive considerations on their side is being explored. like that of Justice D. V.Shylendra Kumar, High Court of Karnataka, Bangalore, (whose article on disclosure of assets by judges had triggered a heated national debate on the transparency of the judiciary, ) is of the view that the RTI Act is a wonderful piece of legislation that could provide relief and succor to the people Advocate Prashant Bhushan, appearing for the the RTI applicant, who has sought information under the transparency law, submitted that several eminent jurist and former judges, including Justice V R Krishna Iyer, have criticized the way in which judicial appointments are made now-a-days and said that it is high time that the process of appointment of judges be brought under public scrutiny. The institution of the court is sustained by the faith and confidence reposed in it by the people, especially by the litigant public. The judicial wing of the State thus cannot fail the people in this regard. It is with this faith and confidence that litigants approach the court for any relief. It is obvious, therefore, that when once that trust and confidence is eroded, there are no seekers of justice or persons coming for relief before the courts of law and there cannot be any further justification for the existence of courts. Hereby, it is urged from all the judges, to honor RTI ACT, to honor Indian citizen’s fundamental & human rights and to facilitate them with proper and honest judgment.

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