Judicial dysfunction calls for a new fix

Judicial dysfunction calls for a new fix

Members of India’s higher judiciary sentencing one another to jail terms is a clear symptom of dysfunction. It does nothing to enhance India’s ease of doing business ranking. This calls for a fix.
On Tuesday, the Supreme Court ordered the arrest of Calcutta High Court judge C S Karnan, sentenced him to six months’ incarceration for contempt of court, and sought to gag media from carrying any statement by Justice Karnan, who immediately filed a counter-order against the gag. Nothing like this has ever happened in India’s judicial system before.
In the past, Justice Karnan, originally from the Madras court, has accused at least 20 fellow judges in top courts of graft and, more recently, ordered the arrest of six Supreme Court judges, including Chief Justice J S Khehar.
Justice Karnan claims he is being persecuted for speaking truth to power and because he is a Dalit. Incidentally, he has never withdrawn his original graft charges against the top judiciary, and faces no charges himself.
The only things his fellow judges can pin on him is a charge of ‘mental instability’ and ‘contempt of court’. So far, Justice Karnan has repudiated a medical test, arrest and all charges made against him by the Supreme Court.
It looks a mess, but could be a blessing in disguise. India lacks an efficient system to investigate and prosecute judicial misdemeanour. Impeachment in Parliament, a politically overlaid option, has not worked well in the past.
Here is an alternative: let a body of judges and lawyers try any judge accused of impropriety in open court, hearing all evidence, with media reporting.
This trial will be neither kangaroo court, nor a chat behind closed doors. Justice Karnan, whatever the truth of his allegations, has probably opened the door in that direction. The status quo will not do.