The Indian Constitution rightly safeguards judicial independence so that judges can discharge their duty objectively. Articles 32 and 226 of the Constitution invest vast judicial powers in the hands of Supreme Court and high court judges, which sometimes enable them to control all important aspects of the administration for safeguarding the fundamental rights of the citizens. This makes the judiciary the most important organ of the state and also our ultimate chance of making corrections or balancing the distortions.

It is, however, important to note that all the safe-guards and immunities given to the judiciary relate to the discharge of judicial functions and not administrative ones. The law recognizes this because it doesn’t amount to contempt of court if the administrative functions discharged by the judiciary are criticized or legally challenged. Every Indian citizen is entitled to know as to how judicial appointments are made, how the revenue meant for judicial administration is utilized, how arrears of disputed cases are accumulated and what steps are taken to clear them, etc.

It may be noted that the Right to Information Act doesn’t exempt (and rightfully so) the Supreme Court or the high courts from disclosing such administrative facts to enlighten the citizens who are the ultimate masters of this land and with whose money the administration runs. It should also be noted that the function of the RTI Act is merely to disclose facts, not to monitor or guide any department of the state. In a democracy, all organs of the state, including the judiciary, function subject to the provisions of the relevant law.

If disclosures do reveal any distortion, those at the helm of the judiciary should welcome such disclosures because these provide opportunities for correction and thereby enhancing the reputation of the judiciary itself. It is very important to recognize the present reality that the integrity of the Indian judiciary has greatly suffered in comparison to what it was only a decade ago. If this is indeed so, your guarded suggestion does gather more weight.

— T.U. Mehta

Chief Justice (Retd), Shimla

Nothing to hide

• The editorial ‘Towards Disclosure’ has made the case for internal monitoring to be made mandatory. Indeed, all constitutional authorities must be moral exemplars, especially the judiciary. Since the integrity of the judiciary is well known, it cannot have anything to hide. There should thus be no problem with disclosure.

— J.N. Bhartiya Lucknow

What’s right?

• This refers to the editorial ‘Baalu Capitalism’, which began with T.R. Baalu’s poser in Parliament, “What’s wrong?” The response is: “How is it right, Mr Minister?” Has anyone noticed that the otherwise loquacious M. Karunanidhi, the DMK boss, has been silent ever since the matter came up in Parliament?

— P.K. Durga

Bangalore

• The editorial ‘Baalu Capitalism’ raised the issue of “political morality” — something so obviously non-existent in India’s contemporary politics, where the topmost priority of everybody in the power structure is the enrichment of self and kith and kin by manipulating the system. Our democracy is: “Of the politician; by the politician; for the politician”.

— M.C.Joshi Lucknow