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Chief Justice TS Thakur should have avoided controversy on Independence Day
The Chief Justice of India, Justice TS Thakur has been quite vocal over the issue of non-appointment of judges in higher courts. Even though the issue is serious and could find a mention in Prime Minister's Independence Day speech, yet it was definitely not the right occasion for a person seated on highest post of judiciary to publicly criticise the speech.

Is it not true that an opaque system of appointment of judges has witnessed undeserving persons having made judges? There also exists a conduct-code for judges 'Restatement of values of judicial life' which has perhaps lost practical relevance.

No one from judiciary has so far commented on media-reports about judges having enjoyed a luxury-treat along with their spouses in Bhopal in April 2016 with food served in silver utensils and costly gifts given at the cost of public-exchequer.

Best administrator is one who can reform even in available resources. Main cause for slow justice is unholy culture of liberal adjournments and ex-party stay-orders. Several division-benches of the Supreme Court have from time to time observed that many petitioners after taking ex-party stay do not care for disposal of cases, which they even ultimately lose.

If the Chief Justice of India is really sincere towards having a fast justice-delivery-system, he should ensure that courts must not grant liberal adjournments and ex-party stay-orders. Heavy and exemplary costs should be imposed on parties losing the case after seeking ex-party stay orders, as a deterrent against such unholy practice virtually ruining the justice-delivery-system in India.

The Chief Justice of India never spoke on justice-delivery-system where decisions can be tilted by engaging costly lawyers with affected commoners being the mute unrepresented sufferers. There are court decisions where members of public murmur privately to be unjustified, but are voiceless to openly criticise in fear of contempt of court etc.

The system should be made so easy that ordinary citizens would normally and ordinarily be able to contest court-cases even without lawyers. Reasons for recusal by judges should be made public and part of case-record to highlight approaches/influences if any.

All judges in High Courts should be compulsorily appointed from outside their home-towns to eliminate chances of influence/approach through local relations and former bar-colleagues.

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of In case you have a opposing view, please click here to share the same in the comments section.
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