Retired Justice Kurian Joseph criticized the media’s failure to defend democracy and the Constitution. He highlighted the decline in whistleblowers and suggested changes in case allocation for better transparency. Justice Joseph emphasized diversity in benches and expressed concern about the predictability of case outcomes. His remarks underscore the need for safeguarding democracy and enhancing media responsibility.
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NEW DELHI: On 24th February, During seminar held by the Campaign for Judicial Accountability and Reforms (CJAR) at the Indian Society of International Law in New Delhi, retired Supreme Court Justice Kurian Joseph delivered a compelling critique of the media’s failure to uphold its duty as the fourth pillar of democracy. The event, attended by a distinguished audience including former judges of the Supreme Court and High Courts, senior advocates, and members of society, provided a platform for Justice Joseph to express his concerns over the media’s inability to defend democracy, the Constitution, and the truth.
Justice Joseph lamented the state of media in India, stating-
“Except a couple of media in the digital side, we do not find any fearless, truthful version of the facts coming out…the greatest blow to democracy is that the fourth pillar has failed the country…forget about the first three pillars, fourth pillar is the media…they have failed to defend democracy, they have failed to defend the Constitution, they have failed to defend the truth.”
This observation underscores the perceived decline in journalistic integrity and its implications for democratic governance.
The seminar also touched upon the contentious issue of the Master of Roster system within the Supreme Court. Justice Joseph highlighted a widespread perception that Constitutional Courts have been disproportionately focused on the ‘right to life’ aspect of Article 21 of the Constitution, at the expense of ‘personal liberty’.
He argued-
“why should there be life without liberty? If you’re taking away the liberty part of a person, there’s no point in giving him the life part. I am of the strong view that our Constitutional courts should keep in mind Article 21, should be understood giving equal importance to both aspects of life and liberty. But the perception now is that life is of course guarded, but liberty is ignored.”
Justice Joseph emphasized their crucial role in a vibrant democracy and expressed concern over the diminishing space for such individuals to operate.
He remarked-
“The way the lungs are crushed in the country today so that nobody will blow the whistle is a very dangerous trend for the country. So, we need to support, stand up, speak out, stay alert, and need to stay with at least a few of those whistleblowers who are left in the country.”
In his discourse on the allocation of cases within the Supreme Court, Justice Joseph advocated for a more transparent and inclusive process, suggesting that the task of case allocation should involve at least three judges to mitigate public skepticism regarding the current system.
He recalled-
“The first main observation I made after my retirement also is that there is a perception of a remote control in the Supreme Court. So, there is a perception in the minds of the public that the master of roster business is not handled the way it should be handled.”
Justice Joseph’s call for reform was echoed in his critique of the media’s role in democracy, where he underscored the failure of the media to act as a guardian of democratic values and principles.
He stated-
“We don’t find any fearless, truthful version of the facts coming out. The greatest blow to democracy is that the fourth pillar has failed the country. Forget about the first three pillars. The fourth pillar is the media and they have failed to defend democracy. They have failed to defend the Constitution. They have failed to defend the truth.”
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Highlighting the importance of whistleblowers as the “fifth pillar” of democracy, Justice Joseph pointed out the challenges they face in the current environment, saying-
“So our only hope is the fifth pillar, whistle blowers. Somehow they are also not able to blow, maybe post COVID lungs have been affected. The way the lungs are crushed in the country today so that nobody will blow the whistle is a very dangerous trend for the country.”
The seminar served as a critical platform for discussing the Supreme Court’s role as the guardian of the Constitution and the need for judges to embody the constitutional conscience.
