On March 6, 2003, the Chief Justice of the Madras High Court, Justice B. Subhashan Reddy, delivered this threat in open court:

“We will have to close down the courts. We will say the government is not financially sound. We will address constitutional functionaries to invoke financial emergency. We will do it.”

The Judge’s resentment was perfectly justified. The State government had not allocated to the Court the funds it needs for the due performance of its functions. How could the court function without stenographers, typists and subordinate judicial officers, he asked the Advocate-General.

In his article “Closing Down a Court”, AG Noorani argues for judicial independence from executive interference and posits that this is, increasingly, a matter of increasing concern.

“The issue of financial autonomy for the judiciary must be addressed soon. No less important is the issue, which the Chief Justice’s remarks raise. Is he entitled under any circumstances to close down the courts? If so, what are they? And, what is the procedure he must follow in that event?”

As with all of Mr Noorani’s writing, the article makes compelling reading and should not be missed.

Read the full article at the Frontline website