You have been studying the workflow, staffing and budget for the Supreme Court since 1969 and written several books. Can you talk about some of the problems within the Supreme Court?
I have written six books on the Supreme Court. The Supreme Court is a power structure. It's a power structure that changes every year. Sometimes six judges retire, sometimes three. It replenishes itself. In many senses, the Supreme Court, in the quality of its work, is going down. It has managed to handle its arrears, it has managed to streamline itself. But it is a hi-fi institution that still has to find its own depth. Until it does so, it will be an arena in which many issues are placed before the court and the public and they will somehow go through the democratic process. So, I think, these 30-40 years of the Supreme Court have created a new arena of politics of a kind that was never visualised before.
I think, if it is used effectively, and we have good judges, which at present we don't necessarily have, this arena can deliver results as it did in the context of race in America or housing and other questions in South Africa.
Chief Justice of India K G Balakrishnan's recommendation to impeach Justice Soumitra Sen of the Calcutta high court for misconduct points to some serious flaws in the system for appointment of judges. You have suggested a National Judicial Commission be formed as the solution.
As far as the lower judiciary is concerned there is a process of discipline by which you can root out corruption. The high courts are in charge of the lower judiciary. As far as the higher judiciary is concerned, there are judges who can strike down statutes of Parliament. We are talking of some 700 judges. There is corruption coming in, inefficiency coming in and waywardness. There is a lack of transparency. There is a great deal of suspicion that monies are being amassed. Therefore, at the end of the day how do we deal with errant judges?
If you impeach judges, the process is too long. And impeachment does not always succeed. But on the other hand, if you have an inter-mediatory mechanism then we may be able to monitor the judiciary and find some solutions.
The proposal for the National Judicial Commission has been around for a long time. It's never been put together. I don't think the judiciary wants it.
The government does not have the will to put it forward. But everyone agrees that such an inter-mediatory mechanism is absolutely necessary.
Image: The Supreme Court is under scrutiny.
Photograph: Prakash Singh/AFP/Getty Images
Also read: The Supreme Court's stunning decision
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