Wednesday, September 10, 2008

Judiciary under Scanner

After 'Independence of Judiciary' and 'Judicial Activism', the buzzword has changed to 'Judiciary under scanner' or 'Judicial Impeachment'. The most respected institution in the country is under threat these days with allegations of corruption being levelled against the Judges. The proceedings of impeachment against a High Court Judge came as a shock in the legal fraternity. Such proceedings are launched very rarely and has been only the second time in the history of Independent India. The weed of corruption has not even left the Judiciary which is characterised as being unbiased and neutral. The Chief Justice is actively trying to remove this weed by taking all possible steps to curb corruption at various level of Judiciary. Granting permission to CBI, for inquiry involving two judges of Punjab & Haryana High Court, is an example of his pro-activeness. If such instances continue over a period of time, the whole institution of judiciary with come under threat of loosing the respect of the general public. However, while taking such steps, a balance has to be maintained so that both the purposes, of curbing corruption as well as protecting the Judiciary from being exploited by the other two organs, viz. executive and legislature, are solved. The mechanisms involved in checking Mal-practices need to be revised and a summary procedure needs to be introduced whereby judicial panels should decide such cases. These panels can consist of Judges of other high courts, retired judges, etc. This procedure can be similar to the cort-martial proceedings in the army which is totally internal . It will protect the Judicial institution as a whole and also keep a check on the judges. Despite having the chances of being called the court of the courts, such a system can be very efficient.

3 comments:

Anonymous said...

No i dont agree with you. judiciary is also a part of our system we need to cheak the corruption in judicial system so that the peoples faith in justice remain unshaked.if the judiciary is clean then we have no need to be affraid from any scaner

Manjinder Singh said...

Judiciary is definitely an important part of our system and it needs to be clean. But its independence is also an very important, so as to remove any fear or favour while giving decisions. So, a balance has to be maintained between putting checks on it and also ensuring that its independence is maintained.
Thank you for sparing your precious time to analyse the post and also give your valuable comments.

Anonymous said...

good work....