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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Tackling Judicial Delinquency 1

Tackling Judicial Delinquency 1

Chapter:
(p.11) 1 Tackling Judicial Delinquency1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0067

This chapter examines judicial delinquency in India. Chief Justice Sabyasachi Mukharji observed that there is human devaluation and crisis of character in this judicial crisis. The devaluation was accelerated by systematic moves by the Indira Gandhi government since 1973 and the Rajiv Gandhi government thereafter to suborn judges and undermine the independence of the judiciary. The chapter examines and discusses the problem of dealing with judges who are reasonably suspected of misconduct. While the Bar Associations and press have played a wild role in highlighting possible misconduct, the problem remaining. Is there no remedy short of impeachment? The chapter suggests two alternatives. One is to empower the proposed National Judicial Commission to undertake in camera probe to ascertain whether a prima facie case exists. The judge can then be given the option of resigning or facing impeachment proceedings. The other is to amend the Judges (Enquiry) Act 1968 and provide for a standing commission to look into complaints.

Keywords:   judicial misconduct, Chief Justice Sabyasachi Mukharji, demoralization, corruption, National Judicial Commission, Indira Gandhi government, impeachment

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