Opinion - Letters to the Editor   

Judges & RTI

The article “Judges are public servants, not bosses” (May 2) should serve as an eye-opener to judges of the higher judiciary. The objective behind the Right to Information Act is to disseminate information about the working of the state. Justice V.R. Krishna Iyer has rightly pointed out that as public servants, judges are covered by the Act. One wonders why the Chief Justice of India thought otherwise. It is imperative to bring the judges under the purview of the RTI, as it will bring more accountability and responsibility among them.

C.R. Balaji,

Tiruchi

The RTI Act guarantees to the citizens the right to question the functioning of a public authority. The Supreme Court of India was established under Article 124 of the Constitution and is, therefore, a public authority under the RTI Act.

This is an era of transparency and we have to bid farewell to secrecy over any aspect of the functioning of public authorities. The RTI Act guarantees that the information which cannot be denied to Parliament or a State legislature shall not be denied to any person. In view of the above, the claim of the Chief Justice of India that the RTI Act is not applicable to constitutional functionaries is not correct.

T. Asaf Ali,

Thalasserry

When judges entertain public interest litigation pleas and pass judgment on the failings of the executive, they automatically become part of the public service. They cannot claim immunity from the RTI Act. They must submit themselves to public scrutiny and be proud to declare themselves “public servants” instead of taking shelter behind the constitutional authority argument.

V.N. Gopal,

Chennai

In a democratic country, rights are supreme. Since judges are paid salaries by the state, they are public servants. It is unfair for them to say they do not come under the purview of the RTI Act. If they are transparent and have nothing to hide, there is no reason why they should claim exemption from the Act.

N. Srinivasan,

Nagercoil

Justice V.R. Krishna Iyer’s writings on the judiciary act as a major influence on all those who believe in the canon ‘vigilance is the price of liberty.’ The sentences “judges are under the law, not above it” and “let us not confuse between the papacy and the judiciary” should clear any misconception about the position and powers of the judges in a democracy, and remind them of their obligation to establish functional transparency.

Rameeza A. Rasheed,

Chennai

In a democracy, all authorities draw their power from the Constitution. The Chief Justice of India is not above the law and the Constitution.

All three organs of the state owe allegiance to the Constitution and, therefore, all those who run them are public servants. Any argument against this view is illogical and un-constitutional.

Capt. O.B. Nair,

Kochi

One hopes the members of the legislature and the executive, too, understand that they are public servants. Anyone and everyone connected with the government, from the peon to the highest official, seems to consider himself or herself a monarch. Very few government servants consider themselves public servants.

A.N. Kandasamy,

Chennai

All are equal but when the Chief Justice of India says judges are more equal than others who, other than Justice Krishna Iyer, can question him? A superb piece of writing!

T.V. Sreekumar,

Puducherry

This was perhaps one of the finest articles by Justice Krishna Iyer that I have read. It is salutary in conveying the message that the judges are a nobler group of public servants, more accountable and liable than others to furnish information to the people about themselves and their functions. The message is aimed at building confidence in the judiciary. Any restriction on information, other than what is mentioned in the RTI, is contrary to the spirit of the law.

P.P. Raghavachary,

Puducherry

Justice Krishna Iyer’s forceful presentation of views has rebutted the claim that the RTI Act does not cover constitutional authorities. While the majesty of law and judges who administer it in the name, and for the benefit, of the common man must be preserved at all costs, it is imperative that the judges do not claim a superior status.

They must inspire respect by their transparent conduct, not by insulating their office from public scrutiny.

C.P. Srinivasan,

Chennai

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