How do we know how good a judge is? What goes on in his/her mind while hearing and analysing an argument of interests that affect day-to-day life? Does he or she pass a verdict merely based on the arguments of the two warring advocates or how does he or she apply his or her principles, of justice, equality or liberty? These are questions that have remained unanswered for quite some time (“Measuring judicial merit”, October 11). The question on what goes in when judges are appointed, elevated or transferred by the collegium has always remained within the four walls of the collegium.
Most Indians hold judges in high esteem but the question is, aren’t they subject to scrutiny? Are judgments utilitarian and popular or do they go with even the unpopular ones? I firmly believe that we must deliberate on this issue where performance-based criteria must be considered when it comes to the elevation of judges. What the collegium must also ensure is that advocates or legal luminaries who enter courts as lateral entries are vetted to ensure that justice is delivered and not sabotaged by ideology or proximity to the political class. The more transparency there is in the judiciary, the more faith there will be in Indian democracy.
Rahul Nair H.,
Thiruvananthapuram