Mechanisms to give the government a say in appointing Supreme Court judges and to hear "complaints of misbehaviour and incapacity" against High Court and Supreme Court judges, have been recommended by the National Commission to Review the Working of the Constitution (NCRWC). The recommendations submitted last week by the commission led by Justice M.N.
NEW DELHI, Aug 2: A curious interlocutory application seeking to advance the hearing of the writ petition urging the Supreme Court to direct the Union Government to appoint and transfer judges on the recommendations of the Chief Justice of India (CJI) is to come up before a Division Bench of Justice S Saghir Ahmad and Justice K T Thomas tomorrow.
NEW DELHI, July 27: Confrontation is brewing between the executive and the judiciary over the primacy of the Chief Justice of India in the appointment and transfer of judges. President K R Narayanan made a reference to the Supreme Court today on interpretation of law on the subject.
Two diametrically opposite concepts about judges continue to prevail in the Supreme Court while deciding issues about the judiciary itself
The Supreme Court is caught in a contradiction concerning the implementation of its May 7, 1997 full court unanimous decision which set up an internal system for examination of complaints against judges.
The foundations of public interest litigation were laid in the late 70s with cases like the Ratlam Municipalities case.
The recent decision of the government to bring a bill to amend the Judges Inquiry Act and provide for the constitution of a National Judicial
Council to inquire into complaints against errant judges is being perceived as a long awaited initiative to introduce some accountability for judges of the higher judiciary.
The functioning of a democracy is dependent on the autonomy and efficacy of the three systems of the state, namely, parliament, executive and the judiciary. India in the last two decades has seen rapid erosion of the functioning of the parliament and the executive. In this scenario of failure of the state in ensuring its constitutional obligation and rights to the citizens and initiating social-economic transformation, the judiciary has often played a significant role in upholding the rule of law and thereby protecting the fundamentals of democracy in the country.
The functioning of a democracy is dependent on the autonomy and efficacy of the three systems of the state, namely, parliament, executive and the judiciary. India in the last two decades has seen rapid erosion of the functioning of the parliament and the executive. In this scenario of failure of the state in ensuring its constitutional obligation and rights to the citizens and initiating social-economic transformation, the judiciary has often played a significant role in upholding the rule of law and thereby protecting the fundamentals of democracy in the country.
to provide for the establishment of Gram Nyayalayas for the purposes of providing access to justice, both civil and criminal, to the citizens at the grass-roots level and to ensure that opportunities for securing justice are not denied to any citizen by reason of social, economic or other disabilities and for matters connected therewith or incidental thereto.