The institution is always greater — and more important — than the individual. Yet, the credibility of the whole is often dependent on the conduct of the parts that constitute it. This was one of the most important lessons that Deepak Gupta — he recently retired as a Supreme Court judge — imparted in an interview with The Telegraph. Mr Gupta must be lauded for speaking frankly and fearlessly on a number of prickly issues which, if public opinion is to be taken into account, seem to be a thorn by the side of India’s judicial system. The alleged attempts by the executive to encroach upon the sacrosanct turf of the judiciary — Mr Gupta has not been entirely dismissive of such a possibility — must count as one of the sharpest of these irritants. Such pressures can undoubtedly lead to the erosion of the principle of the separation of powers that is the hallmark of a vibrant democracy. This anomaly, if it persists, could cause whispers of a quid pro quo arrangement between the government and the collegium to get louder. Strikingly, Mr Gupta has not ruled out the existence of such give-and-take either. While dismissing rumours of extraneous factors playing an instrumental role in the appointment of judges to post-retirement positions, Mr Gupta strongly advocated the need for a cooling-off period. This valuable advice, if followed in letter and spirit, would spare the nation such controversies as the one that erupted after a former Chief Justice of India accepted a nomination to the Rajya Sabha.

Mr Gupta has cited his concern with the public perception of the judiciary. This aspect, too, needs to be addressed. A lingering deficit in trust between the people and the institution that is, in one sense, the guardian of freedoms and equality bestowed by the Constitution would have a disastrous impact on the future of Indian democracy.