Campaign for Judicial Accountability and Reforms: A Booklet
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Feburary, 2007
New Delhi: The appointment of Justice S Ashok Kumar as a permanent judge of the Madras High Court has raised eyebrows in legal circles. Justice Kumar had been on probation for almost four years when the outer limit within which a judge is supposed to be confirmed is two years.
The judiciary is the most sublime instrumentality in the country and I have served it for nearly a decade during the best part of my life. This article, written out of reverence for the judicature, has a benign intent meant to arrest its corruption and decline now creeping into its vitals.
In a democracy the people should have the right to criticise judges. The purpose of the contempt power should not be to uphold the majesty and dignity of the court but only to enable it to function.
for establishing the National Judicial Council to undertake preliminary investigation and inquire into allegations of misbehaviour or incapacity of a Judge of the Supreme Court or of a High Court and to regulate the procedure for such investigation, inquiry and proof, and for imposing minor measures; and for the presentation of an address by Parliament to the President and for matters connected therewith.
Former Union law ministers are spearheading a campaign against sitting judges they accuse of being corrupt. What is the higher judiciary doing to clear itself of these grave charges?
NEW DELHI, JAN. 24, 2005 (). The former Chief Justice of India, J.S. Verma, has called for legislation on judicial accountability, based on the resolutions passed by the Supreme Court, to check the erosion of people's trust in the judiciary and to effectively probe charges of judicial corruption.
Prime Minister Manmohan Singh talking to mediapersons in New Delhi on Sunday before departing for London and New York. The Congress president, Sonia Gandhi, and Dr. Singh's Cabinet colleagues are in the background. — PTI
The Supreme Court has confirmed that its comparison with Nero is intended to be seen as a brand on those responsible for the communal carnage in Gujarat two years ago - the worst of its kind in independent India.
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.