Jump to ContentJump to Main Navigation
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 15 November 2018

Imputing Bias and the Law of Contempt 1

Imputing Bias and the Law of Contempt 1

Chapter:
(p.25) 4 Imputing Bias and the Law of Contempt1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0070

This chapter discusses judicial bias and the law of contempt. It starts with judicial integrity, noting that judges have the power, but not the right, to ignore the mandate of a statute and render judgment despite of it. However, by that abuse of power, they violate the law. The chapter then examines whether a judge is protected by the law of contempt from the attribution of bias, if his statements give reasonable ground for the attribution. Next, it differentiates between conscious abuse of judicial power and unconscious bias. In 1970, the Supreme Court held that E.M.S. Namboodripad was guilty of contempt of Court for saying that the judges were biased because of class prejudices. However, nothing happened when Justice Chinappa articulated similar views in 1980 and 1983. It concludes that the proper response to a reasoned charge of bias in a judge is not to silence the critic but to inquire into the truth of the charge. If it is valid, the offending judge must be deserved to have proved that he is incapable of holding the position.

Keywords:   judicial bias, judicial power, contempt, judicial integrity, attribution of bias, unconscious bias

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .