What the higher Judiciary needs to do is rightly said by Justice J. Chelameswar, the senior-most Supreme Court judge after the Chief Justice of India, made a reference about the allocation of important and sensitive cases to different benches should be done transparently and not in an arbitrary manner.
The nation questions the authority of the Chief Justice of India as master of roster but it should not be exercised in an arbitrary manner but in a transparent manner to protect the larger interest of the law and justice.
There is a need to tress upon a point that not everything was right in the allocation of cases before the present Chief Justice came into the office of the Chief Justice of India Justice Mishra come and walk in the corridor of the Supreme Court and he will hear that the allocation of cases is not transparent, but working under the direction and istructions of the PMO.
Role of Judiciary in Democracy is highly needed to protect the larger interests of the State. The opposition chorus rightly seeking an impeachment of the chief justice, but that is not an answer for every proble in the Judicial administration of Justice.
There needs an accountable system of Judicial Officers from the Junior Civil Judge/Judicial Magistrate to the Chief Justice of India is required to be set-up so that these problems don’t arise to save the culprits behind the curtains again and again.
The apprehension of the government blocking the elevation of Justice Ranjan Gogoi as the next Chief Justice of India after Justice Dipak Misra retires itself is unwanted. Justice Dipak Misra was brought in to write of criminal liabilities of those in corridoresof the Union of India’s power.
The nation hopes and looks forward that it will not happen again. If it happens then it will prove what a group senior judges had said in the press conference on January 12, 2018 mounting a virtual revolt against the chief justice and listing a litany of problems that were plaguing the country’s highest court.
They warned the subjects of the nation with these problems, including allocation of cases by the Chief Justice, could damage Indian democracy.