Supreme Court Bar Association (SCBA)
President and Senior Advocate Vikas Singh has issued a strong rebuttal to
economist and Prime Minister’s Economic Advisory Council member Sanjeev Sanyal,
who recently described the judiciary as the “biggest hurdle” in India’s
aspiration to become Viksit Bharat. Singh condemned the remark as irresponsible
and in poor taste, arguing that such statements reflect a lack of understanding
of the judicial system and its functioning.
Responding to Sanyal’s sweeping criticism,
Singh explained that attributing India’s structural and developmental
challenges to the judiciary is misleading. He stressed that the country’s
complex issues cannot be reduced to a simplistic narrative of courts blocking
growth. According to Singh, the judiciary plays a crucial role in upholding the
rule of law and ensuring accountability, and blaming it for developmental
delays overlooks the more significant role of the executive.
On the matter of judicial vacations, which
Sanyal had also criticized, Singh clarified that breaks for judges of the
Supreme Court and High Courts are not periods of leisure but a necessity to
sustain the exhausting nature of judicial work. He observed that judges
regularly spend weekends reading case files, drafting orders, and writing
judgments. Without periodic breaks, the intensity of the workload would
inevitably lead to burnout. Singh added that bureaucrats who often criticise
vacations gain a true understanding of judicial pressures only when they serve
on tribunals themselves.
Rejecting the allegation that the judiciary
hinders economic progress, Singh argued that the government bears the greater
responsibility for systemic shortcomings. He highlighted how delays in justice
delivery often stem from inadequate infrastructure, low judicial salaries, and
the poor quality of appointments in the higher judiciary. These, he pointed
out, are matters directly influenced by the government. He specifically
referred to the executive’s tendency to selectively clear or indefinitely
withhold recommendations of the collegium, which in turn compromises the
quality of appointments.
Singh acknowledged that reforms within the
judiciary are essential, especially in order to build investor confidence by
ensuring quicker resolution of disputes. However, he maintained that branding
the judiciary as the chief obstacle to India’s development is neither accurate
nor responsible. In his view, strengthening the judiciary requires investment
in infrastructure, enhanced pay for judges, and a transparent yet credible
appointment process. Without such measures, shifting the blame entirely onto the
judiciary is unjustified.
Addressing Sanyal’s criticism of
traditional forms of address such as “My Lords” or “Your Lordships,” Singh
explained that these expressions are merely a legacy of colonial practice and
are now used more out of habit than reverence. He agreed that such outdated
forms could be discontinued without any impact on the functioning of the
courts.
Singh also advocated for meaningful reform
in judicial appointments. He recalled that the National Judicial Appointments
Commission (NJAC) was struck down only because it gave the executive excessive
control over appointments. He suggested that the government could bring in
legislation to regulate the collegium system in a way that ensures transparency
while preserving the judiciary’s independence. Such an approach, he argued,
would be far more constructive than attributing the country’s developmental hurdles
to the judiciary.