Critically examine the 'in-house procedure' adopted by the Apex Court to inquire into allegations of misconduct by judges of constitutional courts in India.
Introduction
Recently judge of delhi righlourt was alleged for corruption due to huge money obtained, leading to inhouse procedural probers against him in Supreme court.
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Main Body
In-house procedure by Apex court for misconduct allegations of judges: Inhouse procedure by Apex court as for misconduct allegations of judges: (1) Inquiring committee setup of more than 6 judges. (2) Confiscation of property, money, assets of judges by the committee. (3) Production of avock, memos by the judges infront of committee. (4) Power of inhouse committee to conduct search operating enquiry, do audits of assets & resources - INVESTIGATION of misconduct. (5) Inhouse committee then allow for judge who is accused - Right to speak & respond. (6) Judges of the committee then take decision on merit of the case and. (7) If misconducts of judges proved then removal of judge. (8) Judicial independence maintained as no other institutions invokes. Issues with 'Inhouse procedure' of Apex court: (1) closed door proceedings - so lack of accountability to people. (2) Violates transparency to people as no disclosure of proceedings in public. (3) Lack of checked balance as executive & other inputs not involved in procedure. (4) Non-consist of CVC, CBI, Lokal once judiciary leads to ineffective compliance lady.
Loss of public trust in judiciary: (2) Insufficient justice delivery in cases where baiko & corruption was done. (3) Judicial independence being haem as no effective checks & monitoring need. (4) No income disclosure of judges and so produce limits public knowledge. Way Forward: (1) Bangalore Judicial Accountability Bill needs to be implemented. (2) Expand CVC and CBI to judges to avoid any gs trial deficit. (3) Disclosure of judges income online. (4) Online e-courts to avoid contact of judges with people. Test of excellence of government is based on performance of its judiciary.
Conclusion
Test of excellence of government is based on performance of its judiciary.
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Krupa A Jain
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
In-House Procedure for Judicial Misconduct - Apex Court
308
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Paragraphs
analytical
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