The Hindu : New Delhi News : Judiciary favouring the rich: Achuthanandan

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Monday, Apr 21, 2008
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Judiciary favouring the rich: Achuthanandan

V.S. Achuthanandan

New Delhi: Chief Minister V.S. Achuthanandan on Saturday accused the judiciary of giving judgments in favour of capitalists.

“There have been a series of judgments undermining the rights of the working class and in favour of the property owners and capitalists. The Supreme Court insists on curbing collective protests such as bandhs and hartals,” he said addressing a conference of Chief Ministers and Chief Justices of High Courts.

Mr. Achuthanandan said, of late, the judiciary had been increasingly framing its judgments to uphold the “free market principle and policies of privatisation.” “This is seen in the successive judgments given on the right of educational institutions to fix fees and frame admission policies in professional institutions,” he said.

Pitching the demand for a judicial commission to select judges for High Courts and Supreme Court, he said the selection process should be transparent and fair.

“All sections like SCs, STs, backward communities, minorities and women should get equal opportunity,” he said.

On corruption

The Chief Minister said a few years ago the then Chief Justice of India had confessed to him that there were corrupt elements in the judiciary. “The percentage given by him, I regret, is beyond tolerable limit. Every citizen is entitled to know as to what mechanism the then Chief Justice or his successors had taken to eliminate the corrupt elements,” Achuthanandan said. He regretted that there was no method to remove judges of the High Courts and Supreme Court except through the complicated process of impeachment proceedings in Parliament. “Contempt provisions are invoked to suppress criticism of judiciary. The erosion of judicial integrity through corrupt practices goes unchecked. The appointment of judges cannot be the prerogative of the higher judiciary alone,” he said, calling for a judicial commission to select judges.

The Chief Minister said the fundamental features of the Constitution like socialism, secularism and equality before law were still hidden or suppressed in the country.

“Scheduled Castes, Scheduled Tribes, backward communities, some minority communities and women had either obtained no berth in judiciary or had poor representation,” he said.

He also took exception to judges passing, what he called “uncharitable” remarks against others and frequently summoning officials to the courts. “Judicial discipline should be maintained in making comments and in substituting judicial orders for executive or administrative orders. Summoning high officials to court should be restricted to whenever it is absolutely necessary,” he said. — PTI

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