The former Judge of the Supreme Court, V.R. Krishna Iyer, on Wednesday came out strongly against the opinion expressed by the Chief Justice of India disfavouring the creation of regional benches of the Supreme Court as recommended by the Law Commission.
In an ‘open letter’, he commended the Chief Justice as “a great jurist,” but said “a great judge must be a master of many subjects.” He wrote: “Jurisprudence is social engineering. Myopia, which blinds great justices into small high-brow thinking, is equally unfortunate.”
Justice (retired) Krishna Iyer continued: “If only the Chief Justice remembered the days when the weaker sections of India’s communities [were] in want and the masses of mankind [were] in misery, struggling even to reach school… he could not have forgotten how difficult it is for them to seek social and economic justice in the Supreme Court [which remains] untouchable and unapproachable for the weaker sections…”
If Indian Independence makes for a socialist, democratic Republic, “those who say don’t disturb Delhi’s dignity or claim access to the lordly Supreme Court,” are flagrantly flouting that reality, said Justice Krishna Iyer.
He added: “Pity that socialism is abhorrent for our law officers. People will deal with them justly and make the Supreme Court for Indians since we are in a democracy which, by definition, is government by and for the people”
“Solidarity and monopoly of power in Delhi has an imperialist flavour and socialist allergy. Even judges are bound by the socialist Constitution,” he added, concluding by recalling an ancient Roman adage: “Whatever touches us all should be decided by all.”
On January 30, Chief Justice K.G. Balakrishnan had said he was not in favour of setting up regional benches of the Supreme Court. On February 2, answering a question on setting up such benches, Law Minister M. Veerappa Moily had said the Attorney General had given an opinion against the proposal. “As of today, the matter is closed,” the Minister had added.
