The government is seeking consensus over impeaching Justice Varma. The infamous cash haul judge of Delhi high court. Impeachment is an extreme step reflecting ill on the entire judiciary and the system as a whole. The constitution provides such near absolute protection for higher judiciary, to ensure its independence. But it needs to keep watch over dark sheep in its fold. Impeachment is not just about individual punishment but collective ignominy. It appeals to the collective shame of the nation, which is the custodian of democracy. Then we have the BJP and UP chief minister supporting the communal speech of justice Yadav. The government refused to take up his impeachment even after a 100 opposition MP’s signed the petition. The grounds for impeachment as per the constitution is primarily transgression of the constitution, along with other grounds like corruption, insanity and insolvency. What justice varma can be charged with is corruption but justice Yadav’s acr amounts to transgression of constitution. This politically selective action, diminishes the gravity of extreme steps like impeachment. It merely seems like an attempt to intimidate the judiciary. The judiciary has been complaining of political interference and pressure for quite some time now. The opposition therefore needs to take an enlightened decision to support the seemingly logical action or oppose the sinister intent behind it. The independence of the judiciary ensures its credibility in the eyes of the public, impeachment by a demonstrably malicious legislative would further erode its credibility. Judicial credibility is the fundamental basis of ‘rule of law’ and thereby democracy. Judiciary is the guardian and guarantor of individual and minority rights. These two are the promises of the contract of democracy. They losing faith would liquidate the contract. It’s an imperative therefore that the independence of judiciary be protected and independence is always self protected, or else it would be merely liberty. The judiciary will have to stand up to the occasion. It should seek the resignation of its errant members and deny the government inroads into its affairs. Let the people see, that the constitution rules supreme.
A collective ignominy
