Mumbai: Judiciary should be independent
from politics and popular interests and judges should deliver
justice as per law and not according to the opinion of the
majority, Chief Justice of India (CJI) SH Kapadia said on Saturday.
"Apart from independence from politics, judiciary also
needs independence from popular interest. If an order is not
in favour of a particular group then the Judge faces backlash.
An atmosphere is created whereby pressure is exerted on the
Judge," he said while presiding over the 9th Nani Palkhivala
Memorial Trust Lecture here.
"Well founded groups are trying to influence the
public that the judiciary is not much different from
politics," Chief Justice Kapadia said, quoting a speech
delivered by the Chief Justice of Canada.
Talking about judicial accountability, the CJI said,
"Law is not separate from morality. In our (Judges) thinking
and behaviour, we need to give importance to intellectual
integrity. When people say there are several loopholes in law,
I agree, but the problem arises when there are loopholes in
our (Judges) character too."
While the Judicial Accountability Bill tabled in
Parliament has upset a few Judges, those having "judicial
integrity", should not worry about such Bills, he maintained.
Advising Judges to keep themselves up-to-date with
current affairs, the CJI said, "Courts should realise the
consequences of their judgements. In today`s time law cannot
be separated from economics and finance.
He rued senior lawyers these days are pre-occupied
with earning money and do not contribute to the field of law.
"Senior lawyers are busy making money from Mondays to
Fridays. They don`t contribute to development of law because
of which the burden falls on Judges. Judges have to fall back
on foreign jurisprudence in absence of meaning contribution
from India," Chief Justice Kapadia noted.