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| Politics
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| Centre, judiciary on collision |
| Centre, judiciary on collision course again?
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| INDIA
, 1-September-2012
1:41:52 AM |
| The Delhi High Court in a recent order pulled up the Centre over its guidelines for Supreme Court and High Court judges, who are on a private foreign trip. The Delhi High Court had categorically said in its order that judges need not seek permission of the Centre to go abroad. NDTV has now learnt that the Centre is all set to challenge that order.
NDTV has accessed an internal note of the Law Ministry that says "independence of the judiciary cannot be taken to limits where they show disregard to the policy laid down by the government."
"The government alone is competent to lay down the policy guidelines for foreign visits by Constitutional authorities including judges. These guidelines do not, in any way, denigrate their position and the judges should not be allowed to alter them to suit their convenience," the note says.
In February last year, the Centre had issued guidelines, saying all High Court and Supreme Court judges must seek government approval before going on private visits abroad, a rule which so far applied only to official visits. But after a lawyer challenged the guidelines, the Delhi High Court struck them down in June this year. The court in its order said that the guidelines issued by the government were 'untenable' and the result of a 'mindless exercise'. Some parts of the guidelines were found to be "lowering the dignity of constitutional posts held by High Court and Supreme Court judges," the Delhi High Court said.
The issue has generated a raging debate in the legal fraternity and opinion is sharply divided.
"As long as the constitutional authority informs its own head that is the Chief Justice, I don't think there's any need for permission from the government for a private visit," says Justice Mukul Mudgal, Former Chief Justice, Punjab and Haryana High Court.
Former Judge of the Delhi High Court Justice RS Sodhi says, "If the judges want every other authority to be transparent, I don't see why the judiciary itself should not be transparent. I think this is an overreaction; making a mountain out of a molehill."
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