Higher judiciary should be out side of the purview of the Lokpal

Independence of Higher Judiciary is sacrosanct. Each and every institution and individual in India have profound stakes in the independence of higher judiciary. Judiciary commands a special constitutional position in the task of delivering all-encompassing, comprehensive and holistic justice to “We, the People”, and in bringing home the numerous other ideals enshrined in the Constitution of India. It is the only Institution which has paid some respect to the “Constitutional tryst with destiny”. Hence, the judiciary is cornerstone of the magnificent edifice of the Constitution of India.
The demand from various quarters including the Civil Society Group led by Sh. Anna Hazare for including the Higher Judiciary within the purview of Lokpal is undesirable. For a democratic government, the rule of law is a basic requirement, and for the maintenance of the rule of law, there must be an independent and impartial judiciary. It is the first condition to protect and safeguard the inalienable & indefeasible constitutional liberties and other rights of the citizens. In a federal Constitution, it plays another important role: it determines the limits of the power of the Centre and State.
However, it is nobody’s case that Higher Judiciary should be left unchecked. The not so uncommon reports of the impropriety, misconduct and corruption in the Higher Judiciary is highly perturbing and is subliminally undermining the faith and confidence of the People in the Institution of Higher Judiciary. The Judicial Standards and Accountability Bill is hanging fire for some time in its various rechristened variants. The grim situation brooks no delay for the bill to be made into law forthwith. The Bill envisages a broad based “National Judicial Oversight Committee” (NJOC) and an all Judges “Scrutiny Committee”. However, it is urged upon that to preserve the sacrosanct “Independence of Higher Judiciary”, the final decision body i.e. “National Judicial Oversight Committee” (NJOC) should consist of Judges only and conversely to usher in judicial accountability the proposed “Scrutiny Committee” should be broad based.