The recent abolition of the "Master of the Roster" system in Pakistan's Supreme Court sparks a crucial debate in India, which faces similar concerns about judicial transparency and accountability.
Pakistan's Decision:
- Supreme Court verdict: Abolished the system, deeming it "offensive" and granting absolute power to the Chief Justice "an antithesis to a democratic institution."
- Key reforms: Panel of Chief Justice and two senior judges decides on benches and suo motu cases, reducing unilateral control.
Concerns in India:
- Master of the Roster: Similar system grants Chief Justice of India (CJI) power to assign judges, raising concerns about potential influence and lack of transparency.
- Controversial examples:
- 2018 press conference by senior judges questioning CJI's practices.
- 2019 CJI hearing his own sexual harassment case.
- 2022 special bench formed on holiday to suspend acquittal order.
- 2023 alleged bypassing of critical contempt petition listing.
Lessons for India:
- Accountability and transparency: Reforms like Pakistan's could enhance public trust in the judiciary.
- Collegiality: Empowering a panel for case allocation could promote fairness and reduce influence concerns.
- Open dialogue: CJI acknowledging and addressing concerns, as Justice Chandrachud recently did, could be a positive step.
Challenges and Considerations:
- Finding the right balance: Implementing reforms requires careful consideration to avoid creating new issues.
- Gradual approach: Incremental changes and open discussions might be more effective than drastic measures.
- Public opinion: Understanding and addressing public concerns about judicial independence is crucial.
Conclusion:
Pakistan's decision presents a learning opportunity for India. While directly adopting identical reforms might not be ideal, considering similar structures and addressing concerns about transparency and accountability could strengthen Indian judiciary's public trust and democratic image. Open dialogue, thoughtful reforms, and a gradual approach could pave the way for a more robust and equitable judicial system.
Additional Notes:
- The article provides a balanced overview, presenting both Pakistan's decision and India's concerns with potential reforms.
- It highlights specific examples to support arguments and mentions the CJI's recent comments, demonstrating awareness of current developments.
- The conclusion emphasizes the need for thoughtful reforms and public engagement, acknowledging the complexities involved.
- (With input from news agency language)
If you like this law news, share it with a friend!
0 Comments