Justice Kapadia’s career as a judge in the High Court began as an Additional Judge of the Bombay High Court in 1991. Within two years he was made a permanent one. He has a long stint as a judge at the Bombay High Court. He was appointed as a Judge of the Special Court (Trial of Offences Relating to Transaction in Securities) Act, 1992 on 15.10.99 and decided important matters primarily relating to financial matters and interpretation of related Acts. Following his appointment as the Chief Justice, he left Bombay High Court to head the Utaranchal High Court and from there got elevated to the Supreme Court of India bench on 18.12.03.
Chief Justice Kaparia has succeeded Justice KG Balakrishanan whose tenure had been in the news for various reasons. There was a reference in the matter of disclosures of judges’ income under the RTI Act, 2005. Justice Balakrishanan maintained that the office of the Chief Justice of India had to be kept out of the purview of the RTI. The Delhi High Court has since dismissed the concept and the Supreme Court Registry has appealed to the apex Court, Justice Kapadia has to take a stand now in the matter.
According to an estimate, more than 2.8 crore cases are pending at the trial courts only. He expressed his concern over the inadequateness of infrastructure particularly at the trial court level, and the growing number of frivolous public interest litigations.
Justice Kapadia’s, message after appointment is very clear. At the concluding session of the National Consultation for Second Generation Reforms in Legal Education Justice Kapadia spoke on judicial activism. He asserted, “If judicial activism goes beyond a point, then it is against the rule of law.”
Justice Kapadia has always insisted on ethical behaviour. Addressing a meeting he has recently said, “When we talk of ethics, the judges normally comment upon ethics in the politicians, students and professors and others. But I would say that for a judge also, ethics, not only constitutional morality but even ethical morality should be the base.”
Bringing transparency and accountability in the judiciary, fast disposal of cases, providing adequate number of judicial officers at the trial courts and comfortable working conditions are some of the vital issues the highest judiciary of the land is confronted with. These issues have to be resolved immediately. Since the Chief Justice of India is the only link between highest executive and the highest judiciary, India is reasonably looking towards Justice S H Kapadia.