In a LawChakra exclusive live discussion was conducted on January 10 on the LawChakra YouTube Channel featuring Senior Advocate Mathews J. Nedumpara. The discussion was conducted on the issue of “Nepotism in the Judiciary” was discussed with Mr. Nedumpara and he also shared bold insights and solutions, while addressing this topic. The discussion was insighful upon the collegium system , and he also mentioned the jurisprudential aspects of laws and their application during the Live session.
NEW DELHI: On January 10, a live discussion took place on the LawChakra YouTube Channel with Senior Advocate Mathews J. Nedumpara as the guest speaker. The topic of the discussion was “Nepotism in the Judiciary,” and Mr. Nedumpara shared bold and thought-provoking views on this critical issue. He not only highlighted the challenges posed by nepotism in the judicial system but also conducted a practical suggested practical solutions to address them.
During the session, Mr. Nedumpara discussed the collegium system in detail, shedding light on how it functions and the controversies surrounding it. He explained how the collegium system plays a significant role in judicial appointments and how it has sometimes been criticized for lacking transparency and fairness.
In addition to this, he touched upon the jurisprudential aspects of laws—essentially, the philosophy behind laws—and how these principles are applied in real-life judicial processes. He provided valuable insights into how legal theories can sometimes clash with the ground realities, especially in a system where nepotism might influence decisions.
The session was highly informative and thought-provoking, offering viewers a deeper understanding of the judiciary’s inner workings and the reforms needed to make it more just and impartial. It was an eye-opener for anyone interested in the legal system and the pressing need for transparency in judicial appointments.
SOME IMPORTANT ASPECTS DISCUSSED DURING THE INTERVIEW
While , discussing for the nepotism in Judiciary and also , the collegium system , Mr. Nedumpara , specifically mentioned that ,
“The bar and the Bench are dominated by the elite class”
He categorically mentioned , Advocates and Supreme Court rules say,
” There are two classes of lawyers Senior Advocates and juniors so say I’m in the bar for more than 40 years and now as for the Supreme Court rules I’m a junior so therefore the this this patron discrimination as Article 14 forbids discrimination but it permits classification for certain purposes and it is to give the primarily to say to treat unequals as equally would amount to violation of the concept of equality”
He also , mentioned that ,
“prior to the Constitution coming into force and thereafter it was primarily a monopoly of the Elite class of people and even the great Freedom fighters even Mahatma Gandhi all went to abroad as they were not from the poorest sections of the society they were relatively rich and who had had the financial resources to go abroad take a bar degree or get graduated Elite class section of the society “
Talking upon the Advocates-on-Record system he highlighted that ,
” The system is a domestication of the Bar”
“When I had to represent Justice Karnan everyone , all of the Advocates on Record , refused as they said that the judges will be displeased, Therefore , the Advocates-on-record has made the Bar subordinate to the Supreme Court, they are slaves”
-he added , sharing his own experience
According to him ,
“the Designation system has only , led to sycophancy and slavery , which is a rather harsh word, but the truth.”
One , more interesting insight that he mentioned was from a conversation with Justice KM Joseph , that,
“Judges do speak about lawyers , and they discuss about lawyers , for instance , If one day a lawyer says something to a judge , then tomorrow he will face it. Once you cross with the judge , the once you cross with the judge then the prospect of you being you know designate Senior Advocate foreclosed forever and secondly if you don’t if you are not in the finest of equation then there’s no chance of you becoming a judge also “
Mentioning and discussing upon the arbitrary jurisdictions of the higher courts Mr. Nedumpara mentioned ,
“The jurisdiction under Article 32 and Article 226 is a discretion jurisdiction , you file a petition dismiss in Bombay High Court under Article 226 is dismissed in no minute and you go in SLP, it is thrown in one second so you had your client had a case it is never discussed never decided so that is why I see the fundamental principle of law is a law any the system of Jurisprudence”
“where the least discretion is given to a judge is the best system and the the judge who exercise least his discretion is the best judge so therefore article 226 and article 32 is all it is it’s a unfortunate mistake that happened
-he added
“There are certain rules or judgments that have been given that when you apply this discretionary power it cannot be arbitrary or on whims and fancies but it has to adhere to the essence and the spirit of the Constitution so it does talk about constitutionalism of discretionary actions so that also applies to the Supreme Court “
– he embarked upon the discretionary actions taken lately by the court
Mr. Nedumpara , mentioned that ,
“Instead of taking affirmative action to eliminate discrimination that first-generation lawyers and the less privileged sections of society have been subjected to, they multiplied the agony by bringing a legislation that is discriminatory. This is a failure of the institution of the Judiciary, and so long as the system of designating lawyers and the collegium system survives, the bar will remain servile”
On the recent heated court room discussion , that took place , Mr. Nedumapara broke his silence and mentioned that,
“I was never allowed to speak and was insulted. You know, look here, see, what I believe is that a lawyer’s standing is not what matters; it is the cause that matters. when you reach my age, you don’t like to be ill-treated by somebody. That’s a society where we have learned to respect our seniors and elders. That is So, as an elder person, I certainly expect a certain amount of, you know, respect.“
“This is intentional insult because the reason it is being done is that the media looks for, you know, breaking news. It is not the content that matters; it’s the headlines. And then anybody who searches my name on social media, all these kinds of things come up. So, that was done to character assassinate. And I tell you, it has not happened for the first time“
-he added sounding disheartened
Taking the incident behind him , he mentioned ,
” I always consider I’m prone to more mistake than anybody else so therefore whatever has happened is destined to happen and I I believe it’s happen for good had I not suffered I wouldn’t have been in the running a campaign for reforms yes so I so therefore you know you consider in in a different angle you know you know the what do you call the the Divine Way Divine ways in what you call the in instructors maybe the ways of the almighty so therefore these are all the things happen for good “
He refused to speak on issues such as same-sex marriages and the Atul Subhash suicide case , however for the tenure of the New CJI Justice Sanjiv Khanna , he expressed that ,
” He’s doing an excellent job and there is no grievance as such “
Conclusively , speaking of the young lawyers he advised , not to compromise their dignity and respect and mentioned ,
“I will not compromise my dignity and self-respect, even if it means leaving the profession. And today, I am prepared to leave the profession if I cannot continue with dignity and self-respect. Leaving the profession is an option I will certainly go for because paramount is self-respect and dignity. Everything else comes secondary.”
Click Here to Read Previous Reports on Sr. Adv. Nedumpara
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