Madras High Court Calls for Inspection in the Judicial Department

Judiciary is not exempt from the evil of corruption  

Justice SM Subramaniam of Madras HC recently made some strong observations on the widespread prevalence of the devil of corruption among the public services. The Judge also lamented on how corruption affects the country's development at the cost of the taxpayers' money and also acknowledged that the judiciary is not exempt from this evil either. 

"While making observations regarding the corrupt practices in the Public administration of the Government Departments, this Court has to endorse the fact that the judiciary also is not exempted from corrupt practices. The consciousness of this Court would not permit it, if this Court fails to mention the increasing corrupt practices in the Judiciary Department as well as in Court premises ... It is pertinent to remind that many former Chief Justices of India had lamented that the judiciary is not exempted from corrupt practices," the Judge stated.  

 Corruption participants in the justice delivery system cannot be tolerated  

Highlighting the important role the justice department plays in people's lives, Justice Subramaniam explained, 

"Justice requires equal treatment of all citizens and consistency in the justice delivery system. Corrupt practices in the judicial system can never be tolerated. It is worse than that of the corruption in public departments. The judicial remedy being the last resort to the common man, effective, efficient and impartial judicial system in consonance with the constitutional, philosophy and ethos are to be achieved. Building confidence in the minds of the citizens on the judiciary system is the constitutional mandate. Doubts in the minds of citizens will lead to the destruction of the constitutional principles." 

The Judge opined that the present vigilance mechanisms are insufficient to crush corrupt practices and judiciary will have to strengthen its vigilance wing.  

Judge SM Subramanium has made the following suggestions 

To strengthen the vigilance wing, the Judge suggested the following for strengthening the vigilance wing:

1. The Government will have to strengthen the Anti-corruption wings. 

2. In public offices, periodical and frequent surprise raids/ inspections should be conducted. 

3. Periodical verification of the assets and the liabilities of the department servants as the Service Rules require. Periodical monitoring of disproportionate wealth of public servants.  

4. Information provided by public servants should be checked for its genuineness and sanctity.  

5. Appropriate instructions/guidelines should be issued to all the Government Offices.  

6. The competent authorities of the Government may also obtain suggestions and expert opinions in the field of Anti-corruption and issue comprehensive instructions to deal with corrupt practices in Public Departments. 

The Judge directed that a copy of this judgment should be communicated to the Chief Secretary of the State and the Registrar General of the Madras High Court, so that "measures to implement the observations of this Court" may be undertaken.