An independent judiciary is the primary pre-requisite for a healthy, vibrant, functioning democracy like India and any attempt to erode judicial independence is suicidal, but at the same time judicial accountability is also of equal importance, doyen of legal education N. R. Madhava Menon, has said.
Delivering the second D.V Subba Rao memorial lecture at the public library here on Monday, he said there were several safeguards in the Constitution to protect the independence of judiciary, "which is not an end in itself, but a means to ensure impartiality in judicial decision-making".
He said "judicial independence cannot exist without accountability. Judicial independence is not for the personal benefit of judges, but for the protection of the rule of law, and the rights of citizens." The lecture was organised by Centre for Policy Studies and Visakhapatnam Public Library.
In a speech peppered with subtle humour, Prof. Menon took several digs at the higher judiciary. "India is the only country where judges appoint judges," he observed, referring to the Collegium system.
"Perhaps a five-member national judicial commission with three judges including the Chief Justice of India, the Union Law Minister and either an eminent jurist or eminent person can be constituted for the purpose of judicial appointments," he suggested.
Prof. Menon said of late, especially after the Justice Karnan episode, many questions were being raised about corruption and nepotism in the higher judiciary.
"In 2010, the government introduced the Judicial Standards and Accountability Bill before Parliament for a mechanism for enforcing judicial discipline under a National Judicial Oversight Committee. But the bill has not been passed. It got stuck. I am of the view that there is a need for such a law," he said.
Earlier, he spoke about his association with the late D.V Subba Rao when the latter was the chairman of the Bar Council.
A judge of AP High Court and the son of the late Subba Rao D.V.S.S Somayajulu spoke about his father's contributions to the field.
A primer on legal practice authored by Prof. Menon was presented to the Public Library. Vice Chancellor of National Law School of India University, Bengaluru, R. Venkata Rao and president of CPS A. Prasanna Kumar spoke.
