Judges Should Not Consider Their Judicial Power To Be Unaccountable : Senior Adv S Muralidhar

Muralidhar added that merely increasing the number of judges would not solve the problem of pendency and disposal of cases unless the judges actually sat in court and took up cases. Muralidhar cited examples of how many Judges in the district judiciary and some judges in the High Courts did not take up matters in the afternoon sessions.

Muralidhar was speaking on “Judicial Accountability-Ensuring Transparency & Integrity of Judiciary”. Discussing the Code of Ethics for Judges published by the US Supreme Court, Muralidhar said that something along the same lines could be included in the Indian judiciary to ensure the integrity of the judges.

Speaking on the conflict of interests between the bar and the bench, Muralidhar said that judges were expected to make some sacrifices after taking up public office. At the same time, Muralidhar also pointed out that many times, the person taking up the public office would be playing other roles of spouse, parent, etc in their lives and it would thus become difficult for them to ensure integrity. To this, Muralidhar suggested establishing a system where children of judicial officers took up practices in places outside of where their parents were holding office.

Muralidhar also said that judges were expected to rise above their proximity to the bar and not let personal connections affect their legal minds. In this context, he lauded a recent incident where Justice Viswanathan recused from hearing a matter concerning the Madras Bar Association even though the parties involved did not raise the issue of conflict of interest.

Muralidhar also spoke about how judges had to be conscious of the working of their staff, the numbering system, roster system, etc, and should be vigilant. He added that the judges were expected to be conscious of how the bar and the system operate.

Muralidhar also emphasized the aspect of judicial accountability. He said that the judges should not consider their judicial power to be unaccountable. He added that judges had to come forward and take a strong stand against nepotism, favoritism, etc on the administrative side. This, according to him was necessary to ensure that justice was not only done but seem to be done.