‘Common man exhibits signs of despair, loss of trust in judiciary’

'The protection provided to judges of the superior courts, with the principal objective of making judiciary totally independent of outside influences, has only been abused in recent times by errant judges clinging on to their posts even when faced with impeachment motions,' said Karnataka High Court Judge Justice D V Shylendra Kumar.

He was delivering the Silver Jubilee Endowment Lecture on the topic ‘The need For judicial accountability in the era of judicial transformation,’ organised by the SDM Law College and Centre for Post Graduate Studies in Law at the SDM College Auditorium here on Sunday. Justice Kumar said, “the image of the judiciary has diminished and the common man of the country has started to exhibit signs of despair, loss of confidence and trust in judiciary.” This has happened only because of lack of judicial accountability on the part of judges of the superior courts of the country, he added.

“Mere existence of law in itself is of no use. At the same time, that law should be implemented and enforced. The content and impact of law is worked through courts, interpreted through courts and is implemented through the administration or executive. Until this process is carried out in a proper and systematic manner, the purpose of law is not achieved,” he observed.  

“The judicial system and the courts invented by the English people to protect the rich and the affluent, to protect the properties and lives of upper classes and the elite, has just remained in our country in the same manner. Though constitutionally provided law commissions are in existence and have been functioning ever since the advent of the Constitution, the goals are not achieved fully,” Justice Kumar said.

Though the judges in the subordinate courts are made accountable and their conduct and functions are made answerable directly to the High Courts, judges of superior courts have been bestowed with protection under the Constitution.

“A mechanism is required to remove misconducting judges, particularly when they are shown to have indulged in nefarious, corrupt and immoral activities,” he emphasised.

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