WHO WILL JUDGE THE JUDGES

Sixty-seven years after we inherited the legal system from the British, the judiciary is in urgent need of radical reform. A speedy trial is not only required to impart quick justice but also to ensure enduring faith in the judiciary for which the Government and the judiciary have to work together. There is an old legal saying, “If you have the law on your side, pound the law. If you have the facts on your side, pound the facts. If you have neither, pound the table.” From the din of the recent past, it seems that’s all the executive and the judiciary are doing. And that’s hardly conducing to establishing accountability and restoring credibility of the judiciary.

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There is no effective method today in India for disciplining a Judge of a superior court either for misbehaviour under the Constitutional provision of Article 124 (4) or of delinquent behaviour not amounting to misbehaviour and requiring investigation and disciplining action.  Ironically, the higher judiciary in India has powers of control over every organ under the Constitutional but there exists no effective method of disciplining its own members. Public confidence in the higher judiciary which stands high at present may in the long term may suffer if effective means of disciplining Judges of the superior courts is not found.

The issue of accountability of judges is a cause of concern because never before have so many judges come under scrutiny for alleged acts of corruption. It is the first time ever that a Former Chief Justice of India has granted permission to an investigating agency to register a criminal case against members of the higher judiciary. But the question arises who will judge the judges? They are considered to be divine person or guard of law. But when law-maker become law-breaker like in case of Justice Soumitra Sen. Here comes the need of accountability of judges.

Image Credit : sachtimes.com

Post Contributed By:

Ashish Ransom

Indian Institute Of Legal Studies

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