Harish Salve Questions Judicial Accountability in Justice Yashwant Varma Case
In a compelling address at the 6th Ram Jethmalani Memorial Lecture in Delhi, eminent Senior Advocate Harish Salve raised serious concerns about the handling of an incident involving Justice Yashwant Varma, where burnt cash was allegedly found at the judge’s residence. Salve questioned why the legal system was not allowed to pursue a criminal investigation into the matter.
Salve referenced the Supreme Court’s judgment in the Justice V Ramaswami case, emphasizing that the safeguards meant to protect judges from frivolous complaints should not impede action in serious matters brought to the attention of the Chief Justice of India. “When the Chief Justice of India was informed about this incident with video evidence, there should have been no hesitation to let the law take its course,” Salve stated.
Drawing a parallel, Salve asked rhetorically, “What would we have done if cash was found burning in a minister’s house?” He underscored that judicial independence should not equate to immunity from scrutiny and accountability. “Judicial independence is not about constitutional protections that put you beyond reach; it is about the character of the judiciary itself,” Salve asserted.
Salve expressed concerns about the judiciary’s inability to establish a robust mechanism for enforcing accountability, warning that even isolated incidents could erode public trust in the judicial system. “If we are embarrassed when questioned about such incidents, it is because we have not embraced an institution that enforces judicial accountability,” he remarked.
Highlighting systemic issues, Salve criticized the justice system’s inefficiencies, including a significant backlog of cases and a shortage of judges, which often result in justice being delayed or denied. He called for transparency in judicial appointments and an institution capable of enforcing judicial accountability, while questioning the current collegium system where judges appoint other judges, a practice not common internationally.
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Salve also cautioned against the Supreme Court overstepping its constitutional role by overseeing lower courts and dealing with case management, which detracts from its primary function of addressing significant legal and constitutional questions. He cited the 2G and Jaitley cases as examples where court-monitored investigations concluded in acquittals.
Regarding arbitration, Salve pointed out that excessive judicial intervention hampers commercial dispute resolution and deters foreign investment. On the basic structure doctrine, although he acknowledged its necessity to protect the Constitution, he warned against letting judges’ subjective views define legislative boundaries. He also advised caution against social media influences on judicial processes, insisting that judges should communicate solely through their rulings.
Concluding his speech, Salve called for introspection and reform within the judicial system, expressing optimism that India could overcome the challenges facing its judiciary.
