‘There Cannot Be Corruption Without Fixer Lawyers’: Mahesh Jethmalani Calls For Judicial Transparency

Speaking at the sixth edition of the Ram Jethmalani Memorial Lecture Series 2026, Jethmalani said transparency in the legal system must begin with the institutions and individuals responsible for delivering justice.

The theme of this year's lecture was institutional transparency and public trust.

Referring to the controversy involving cash allegedly found in the outhouse of a sitting High Court judge following a fire, Jethmalani said the episode had caused “staggering damage” to the legal system. He noted that while the concerned judge had been relieved of judicial work and a three-judge committee had been constituted to inquire into the matter, the findings of the committee had not been made public.

Jethmalani said making the inquiry committee's findings public would have enhanced the image of the judiciary and raised a further concern regarding the absence of an FIR nearly a year and a half after the incident. “Almost a year and a half later, no FIR has been registered,” he said, questioning who could set the process in motion after the judge's resignation.

He said the issue raised a question as to whether the police or CBI could now register an FIR or whether, in light of the Supreme Court's decision in Viraswami, the Chief Justice of India would have to advise the President that the matter warranted an investigation. “Given the staggering damage that the episode has caused to the entire legal system, expeditious and transparent action in this direction is the compelling need,” Jethmalani said.

Calls for Transparency in Collegium, Judicial complaints

Jethmalani also called for greater transparency in the functioning of the collegium in relation to appointments and transfers of judges of the higher judiciary. He said lack of openness in the process could breed “suspicion of favoritism and victimization.”

Turning to the subordinate judiciary, Jethmalani said public perception of judicial corruption was at its highest at that level. He pointed out that there was no publicly available database setting out the number of complaints against subordinate judges reported to vigilance mechanisms in different States, along with the investigation or disciplinary outcomes.

Jethmalani suggested creation of a pan-India database covering complaints against judges and the action taken on them. He cited Uttarakhand as an exception, stating that its High Court vigilance mechanism had received 258 complaints of judicial corruption between January 2020 and April 2025, of which only four resulted in disciplinary or criminal action.

He said a database would help determine whether the low number of disciplinary outcomes was attributable to frivolous complaints or inadequate investigation, while also allowing delays in dealing with complaints to be detected in real time.

Jethmalani seeks National Tribunal Data Grid

Jethmalani also raised concerns about corruption and delays in tribunals, particularly those functioning under the Insolvency and Bankruptcy Code (IBC). He suggested two possible measures; closer monitoring of tribunals through a national tribunal data grid, or abolition of tribunalisation of bankruptcy jurisdiction and restoration of such jurisdiction to High Courts.

According to Jethmalani, a national tribunal data grid should not merely record the number of cases, pendency and disposal, but should also contain information about complaints against tribunal members, the vigilance process and outcomes. He referred to a recent public interest litigation before the Supreme Court seeking creation of such a database and urged the Union Law Minister, who was present at the event, to examine the issue.

As another alternative, he suggested that Parliament could abolish tribunalisation of the bankruptcy code and restore bankruptcy jurisdiction to High Courts, citing the late Senior Advocate Fali S. Nariman's recommendation in this regard.

'There cannot be corruption without fixer lawyers'

Jethmalani also turned his attention to the legal profession, saying the Bar needed to introspect on its own role in delays and corruption within the legal system.

“There cannot be corruption in the judiciary or tribunals without fixer lawyers who game the entire legal system by facilitating bribery,” he said.

He called for exemplary action against such lawyers, saying the future of the Bar should belong to lawyers who believed in winning cases on merits. “The bar should be a repository of lawyers who know the law and not the judge,” Jethmalani said.

He also referred to allegations concerning delays in elections to various State Bar Councils and the subsequent reconstitution of the Bar Council of India, as well as allegations of attempts to extend the tenure of the Bar Council of India chairman beyond the prescribed period.

Jethmalani said the petition before the Supreme Court had also raised allegations of nepotism and corruption involving Bar Council officials and attempts to retain control over a trust vested with important functions.

Recalling Ram Jethmalani's Legacy

Towards the end of his speech, Jethmalani recalled his late father Ram Jethmalani's contribution to the legal profession and his commitment to an independent and fearless Bar.

He said Ram Jethmalani, during his tenure as Chairman of the Bar Council of India between 1970 and 1976, had authored the Bar Council of India Rules that institutionalised a lawyer's professional and ethical obligation to fearlessly defend a client despite public bias and media scrutiny.

Jethmalani also recalled his father's anti-Emergency speech in 1976, which, he said, led to an arrest warrant being issued against him. He said Ram Jethmalani subsequently left for the United States, spoke publicly against the Emergency, testified before the US Senate Foreign Relations Committee about the suppression of civil liberties and was granted political asylum.

Contrasting that legacy with what he described as the present decline in standards, Jethmalani said his father would have been angered by the current state of the institution he had served.

“I salute the petitioners who brought this abhorrent turn of events to the notice of the Supreme Court and I eagerly await the judgment in this matter from the Supreme Court,” he said.