Judicial freedom won’t be undermined by proposed law: Khurshid

Updated - December 04, 2021 11:13 pm IST

Published - August 16, 2012 04:15 pm IST - New Delhi

Union Law Minister Salman Khurshid. File photo

Union Law Minister Salman Khurshid. File photo

With the Chief Justice of India cautioning against any attempt to tinker with freedom of judiciary, government on Thursday sought to allay apprehensions by underlining that judicial independence was “paramount” and it will not be undermined by a proposed law.

While reassuring the judiciary, Law Minister Salman Khurshid said accountability is not meant to undermine (judicial) independence, “but accountability to enhance independence. Independence remains paramount and we are very clear about it.”

Mr. Khurshid, who was present at the function attended by the CJI on Wednesday, said while the words may be different, there is no divergence of views on independence of judiciary. “I believe it (judiciary) is an important pillar of our Constitution,” he told reporters outside Parliament House.

He was asked to comment on the remarks of the CJI.

Justice Kapadia had said, “The government may make law for making judges accountable. We are not afraid of that. But it should not tinker with the very constitutional principle of judicial independence.”

He was apparently referring to the Judicial Standards and Accountability Bill which had already been passed by Lok Sabha and is pending in Rajya Sabha.

Speaking on the occasion of Independence Day celebrations in the Supreme Court, the CJI had urged the government that while bringing law, it should not lose sight of the concept of judicial independence.

A controversial clause in the Bill states: “No judge shall make unwarranted comments against the conduct of any constitutional or statutory institution or officials at the time of hearing matters in open courts during the course of hearing matters.”

Mr. Khurshid has already said he would go back to the Cabinet to remove the clause. “If we are doing something good, we should not lose its sheen by even a marginal controversial provision,” he had said earlier this month.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.