Why Are India’s Prominent Lawyers Worried About Judiciary’s Integrity?

Prominent legal luminaries, including distinguished senior advocates like Mr. Harish Salve, Mr. Manan Kumar Mishra, Mr. Adish Agarwala, Mr. Chetan Mittal, Ms. Pinky Anand, Hitesh Jain, Ujjwala Pawar, Uday Holla, and Ms. Swaroopama Chaturvedi, along with more than 600 legal experts from across India, have raised a collective voice of concern.

Their letter, a resounding call to uphold the sanctity of the judiciary, sheds light on alarming attempts by a specific interest group to erode the integrity of the legal system.

The crux of their apprehension revolves around the insidious tactics employed by this interest group, aimed at exerting undue influence on judicial proceedings, particularly those entangled with political figures and allegations of corruption. These tactics, the legal fraternity contends, pose a grave threat to the democratic ethos and erode public trust in the judicial process.

Key takeaways from the letter:

1. Influence Peddling: The interest group stands accused of resorting to pressure tactics to sway judicial decisions and tarnish the reputation of the courts, especially in cases of political sensitivity and corruption.

2. Fabrication of Narratives: The lawyers point out the fabrication of false narratives, depicting a mythical ‘golden era’ of the judiciary, designed to undermine ongoing legal proceedings and sow seeds of doubt in the minds of the public regarding the fairness of the courts.

3. Unethical Tactics: Allegations of ‘bench fixing,’ disparaging comparisons between domestic courts and lawless regimes, and direct assaults on the integrity of judges form a significant part of the lawyers’ concerns.

4. Selective Criticism: The interest group’s modus operandi includes selective criticism or praise of court judgments based on their political agenda, reflecting a dictatorial “My way or the highway” approach.

5. Political Interference: The letter also highlights the phenomenon of political flip-flopping, where politicians oscillate between accusing individuals of corruption and defending them in legal forums, creating a climate of uncertainty and manipulation.

6. Strategic Manipulation: The timing of these manipulative tactics, particularly around election periods, echoes similar disruptive activities observed in the past, notably during 2018-2019.

In response to these worrisome developments, senior members of the legal fraternity have called upon the Supreme Court to take proactive measures to safeguard the judiciary’s independence and reputation. They stress the urgent need for a united front in support of the judiciary, emphasizing the crucial role it plays as a bastion of democracy.

The letter underscores the necessity for resolute leadership in addressing these challenges, ensuring that the rule of law and justice prevail unblemished.