Mr. LORD! 43% OF JUDGES HAVE GOVERNMENT TIES! WILL THE HAMMER OF JUSTICE BE USED AGAINST THE GOVERNMENT?: INDRA YADAV

Mr. LORD! 43% OF JUDGES HAVE GOVERNMENT TIES! WILL THE HAMMER OF JUSTICE BE USED AGAINST THE GOVERNMENT?: INDRA YADAV

12-FEB-ENG 4

RAJIV NAYAN AGRAWAL

ARA--------------------------In Indian democracy, the judiciary's job is to curb the government's arbitrariness. However, recent data from the Madhya Pradesh High Court is giving rise to a new debate. Of the court's 42 judges, 18 (about 43%) were government lawyers before becoming judges.

Backgrounds of prominent judges and their working styles!

The article provides examples of some prominent judges who previously represented the government but are now in the judicial chair: Justice Vivek Rushia: Formerly a lawyer for the central government. He closely monitors rules and constitutional nuances. Justice Anand Pathak: Formerly a government lawyer. He is known for incorporating social reforms (such as planting trees) into his judgments. Justice Vivek Agarwal: Former Deputy Advocate General. He is known for his strict discipline and tough questioning of the administration. Justice Vijay Kumar Shukla: As a government lawyer, he has a deep understanding of administrative matters.

Justice G.S. Ahluwalia: He has held various positions in the Lokayukta and the government. He is known for his strong rebuke of police and administrative negligence.

Two Sides of the Coin!

Such a large number of former government lawyers as judges raises two opinions!

The Advantage of Experience: Since these judges have previously been part of the government system, they know where the administration makes mistakes and where files get stuck.

Fear of Bias: The public wonders whether a person who has defended the government for years will be able to remain impartial! Will they be able to take tough decisions against that power?

Important Supreme Court Decisions and Principles

The Supreme Court has made many important pronouncements from time to time regarding the impartiality of the judiciary!

Conflict of Interest: Several Supreme Court decisions (such as Ranjit Singh vs. Union of India) have stated that if a judge has a prior connection to a case, they should recuse themselves from it.

Independence and Appointment: The collegium system has been in place since the Third Judges Case (1998). It limits the role of the executive (government) in the appointment of judges so that judges do not feel favored by the government.

Experience vs. Impartiality: The Court believes that being a government lawyer enhances understanding of administrative nuances, which helps in dispensing justice. In the recent trends for 2025-26, the Supreme Court clarified that merely being a former government lawyer is not a disqualification, but rather that judicial integrity is paramount.

Adv. Rakesh Kumar Saroj explains!

There is an old principle of law: “Justice must not only be done, but must also be seen to be done.” Experts believe that once a person sits on the judge's chair, he belongs only to the Constitution, but diversity in the bench is also necessary for the health of democracy.