ENSURING THE PEOPLE'S RIGHT TO IMPARTIAL JUSTICE

At the heart of the judicial system is the ability of a judge to render an opinion without fear or favour. But what is of utmost importance is that citizens have confidence in the system

- KIL SIBAL

Judges of subordinate courts are the backbone of the judicial system. The basic structure of our judicial system has evolved over the years. It was actually put in place when the British ruled India. The Simon Commission in 1930 emphasized the importance of an independent, competent and fair-minded judiciary that would enjoy the confidence of the people.

In 1933-34, a Joint Committee on Indian Constitutional Reforms prepared the ground for the Government of India Act, 1935. It opined that while the federal and high court judges are appointed by the Crown, their independence was secured (a statement I doubt). But the appointments of judges of subordinate courts must necessarily be made by authorities in India who will exercise a certain measure of control over them in matters of their appointment, promotion and posting.

The Committee went on to comment that a system where the promotion of judges is in the hands of a minister exposes itself to the pressure of the government and is more likely to sap the independence of a magistrate. They also commented that judges of the subordinate courts are more closely in contact with the people and therefore their independence should be placed beyond question.

This sentiment, expressed way back in 1933-34, rings true even today, except the masters have changed. Instead of appointments being made by the government in power, today the control of the subordinate courts is vested in the high court of the respective state.