This is a very important day for the independence of the judiciary. I applaud the four judges who decided to speak up. It would not have been an easy decision. It has probably never happened in the history of the Supreme Court. It has happened because of the excessive interference of the executive over the judiciary. This interference has increased dramatically over the last few years. Never in the history of the SC, except during emergency and Indira Gandhi's time, has there been such interference by the executive.
I congratulate the four judges for standing up and opposing this interference and defending the independence of the judiciary. It is a very big and positive day for the SC and entire judiciary in India, and it will send a very strong signal to all HC judges that they must not tolerate executive interference in judiciary.
For quite some time now, the legal community has been apprehensive about distribution of matters. These things are discussed privately among lawyers of HC and SC. The grievances of lawyers are not unfounded. Instead of addressing these issues, an attempt was made to avoid open transparent and frank discussion. This has been going on for many months.
It is true that CJI is master of the rolls, but like all discretion and powers that are exercised, those powers need to be exercised transparently and fairly. There is a feeling among a section of the lawyers that the SC has failed to address the concern of the lawyers, and it is not right to say that the power is absolute because no power is ever absolute.
(As told to Debayan Roy. Colin Gonsalves is a senior advocate in the Supreme Court. Views are personal)
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