Source:-https:\/\/scroll.in<\/p>\n\n\n\n
Retired Supreme Court Justice Kurian Joseph on Sunday said that the independence of judiciary was under threat due to various factors, including those from inside the institution.<\/p>\n\n\n\n
\u201cA judge must have true faith and allegiance to the Constitution,\u201d he said, while addressing a webinar. \u201cThis means that a judge\u2019s allegiance should not be coloured by political, communal, philosophical bias, or bias of arbitrariness.\u201d<\/p>\n\n\n\n
Joseph said that currently the judiciary was divided along political and communal lines in an unprecedented manner. \u201cI have never seen the Supreme Court of India\u2019s Bar so politically and communally divided,\u201d he added. \u201cAnd that is the situation in several High Courts across the country also.\u201d<\/p>\n\n\n\n
The former judge said the developments have resulted in the judiciary losing its moral power and its role of a watchdog. \u201cWhen things go constitutionally wrong, it has always been the advocates who have been raising their voice,\u201d Joseph said. \u201cWhere are they now? They are also divided politically and communally, in protecting their own self-interest.\u201d<\/p>\n\n\n\n
On anti-conversion laws
On being asked about the recent laws aimed at preventing religious conversions, Joseph said that religion was a matter of faith and conscience, and that conversion \u201cby force, duress or by allurement\u201d was wrong. He, however, noted that the fear of being stigmatised prevailed if a person decides to change his religion.<\/p>\n\n\n\n
\u201cA fear psychosis as such is introduced in this country that if you change your religion, you would be either finished or cease to be having a position in society,\u201d he said. \u201cThat is certainly wrong, undemocratic, unconstitutional. You have the right to choose any religion of your choice.\u201d<\/p>\n\n\n\n
Last week, another retired Supreme Court Justice Madan Lokur had criticised Uttar Pradesh\u2019s new anti-conversion law, suggesting that it had many defects. Meanwhile on Saturday, the Madhya Pradesh Cabinet also approved a similar law aimed at tackling \u201clove jihad\u201d \u2013 a conspiracy theory espoused by right-wing Hindutva activists, alleging that Hindu women are forcibly converted by Muslims through marriage.<\/p>\n\n\n\n
Bharatiya Janata Party governments in Haryana, Karnataka and Assam have also made similar announcements. These actions are despite the fact that in February, the Centre told the Lok Sabha that no \u201ccase of \u2018love jihad\u2019 has been reported by any of the central agencies\u201d.<\/p>\n\n\n\n
On credibility of institutions
Besides flagging the threat to independence of judiciary, Joseph said that other constitutional bodies were under attack too.<\/p>\n\n\n\n
\u201cElection Commission, CAG [Comptroller and Auditor General of India], UPSC [Union Public Service Commission], all regulators \u2013 MCI [Medical Council of India], BCI [Bar Council of India], UGC [University Grants Commission], [National] Statistical Commission, RBI [Reserve Bank of India] \u2013 take any sector, I am asking you to make an introspection,\u201d the retired judge said. \u201cHas its credibility not been shaken? Is there any investigating agency which has not been attacked on its independence?\u201d<\/p>\n\n\n\n
Joseph said that the confidence of all these bodies had been shaken and termed it as a \u201cdangerous trend\u201d, suggesting that they should only depend on constitutional integrity.<\/p>\n