Thursday, June 30 2005 15:16 Hrs (IST) - World Time -

New Delhi: Chief Justice of India (CJI) R C Lahoti believes that the Judiciary today is "totally immune" from the influence of the Government and the Executive, a great achievement since the late sixties and early seventies when Judges were "superseded" and "planted".

However, he said, "The challenge of devising a method, which would ensure a Judiciary free of corruption in any jurisdiction, but without compromising its independence, continues to survive for the 21st century."

Defending the three landmark judgements of the apex court taking away the power of the Executive to select Judges for appointments to the higher judiciary, Justice Lahoti said it was a timely action as no country could afford to compromise with the "independency and objectivity" of Judiciary.

"The power which the Judiciary wields and the binding efficacy with far-reaching implications, which its pronouncements carry allure the Executive in tinkering with appointment process," the CJI said at a recent gathering of Judges at Washington.

He said in the late sixties and early seventies, the concept of committed Judiciary was gaining ground as it was thought that independent Judges were "creating roadblocks" in the process of social transformation sought to be introduced by the Government of the day.

"There were super-session of the Judges, inconvenient to the Government, who resigned in protest. The Government, to some extent, succeeded in planting such Judges who could not have otherwise entered the system," the Chief Justice said.

This led to three pronouncements by the Supreme Court - Judges Case-I, Judges Case-II and Judges Case-III, he said.

In turn, these pronouncements led to accusations from certain quarters that the Supreme Court was abrogating to itself the power of appointment, transfer and disciplinary action over the Judges.

Refusing to be drawn into a debate over the issue, Justice Lahoti said, "The approach adopted by the Supreme Court was dictated by the need of the hour and the subsequent period had justified the approach. Today, the Indian Judiciary is totally immune from the influence of political Government and the Executive."

On corruption in Judiciary, the CJI said the Judges were the product of the society to which they belonged and hence could not claim to be insulated against the impact of degeneration of the values of the society.

He said though judicial corruption has been documented throughout the world with reported cases of nepotism, favouritism and financial corruption, on principle, a Judge has to be absolutely above board.

"In India, a Code of Conduct for Judges have been devised, ratified and accepted," he said but added, "A fool-proof mechanism for its enforcement is yet to be devised."

While favouring the inbuilt system over outside agency in probing the Judges, the CJI any outside role in the investigation of Judges would result in compromising the judicial independence.