tag:blogger.com,1999:blog-42894658580244591612024-11-01T16:09:32.095+05:30DLKhttp://www.blogger.com/profile/02876082103573993038noreply@blogger.comBlogger54125tag:blogger.com,1999:blog-4289465858024459161.post-35828398730313488212016-03-07T22:39:00.000+05:302016-03-07T22:39:04.904+05:30

Justification for Judicial Accountability :  Example : When a Public Interest Litigation was filed by an Advocate Indira Jain Singh (2004 – 2005) was filed before the Supreme Court seeking information about the outcome of enquiries against the Grant Judges of Karnataka and Rajasthan High Courts.  Supreme Court dismissed this PIL by holding that Supreme Court has no control on High

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  Justification For Judicial Accountability :  One of the distinctive features of our constitution is that while the legislative and the executive control suspense or review the decisions of the court. But, the higher courts / Constitutional Courts can review the decision of the executive and test the legality or constitutional validity of the laws passed by the legislature.  

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JUSTIFICATION FOR JUDICIAL ACCOUNTABILITY:                Judicial review means the power of courts to review decisions of other organs of the governments. The very existence of this power brings the question of accountability. It must be checked whether such overriding powers are properly exercised, in good faith and with responsibility and judicial

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Historically Indian judiciary has enjoyed highest amount of independence and has been held least accountable, but this never meet that the judiciary can be allowed to be can imperia in case of any erosion of values in judiciary, law must heavily come down.  Judges should be held accountable, since depletion of values in judiciary.  So far, more deplorable, but what mechanism

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Judicial Accountability : Judicial accountability today is the catch phrase in many countries. Judges no longer can oppose calls for greater Accountability on the ground that it will impinge on their independence. Judicial Independence and Judicial Accountability must be sufficiently balanced so as to strengthen judicial integrity for effective judicial impartiality setting up off an

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Position After 1993 : While the plurality ensured eradication of arbitrariness and larger participation in the selection process. “Consultation” ensures meaningful involvement of both parties in the selection process. Which effectively reduces the changes of a differing opinion or advice to the President under Act 74(1) of the Constitution and there by smoothens the process of selection with

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Position before 1993 : In India, there are 31 Judges in the Supreme Court, 750 Judges in 21 High Courts. At the time of drafting the Constitution, the Original strength of Judges in Supreme Court was Chief Justice and 7 Judges. Now, the total strength is raised to 31 in due cause of time. The strength of Judicial Officers in Subordinate Courts was 13,204 in the year 2005. There is an alarming

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Today if the Judges are selected and appointed through manipulations and influences. They always tend to attempt to enrich themselves instead of attempting to enrich the law. There Salaries and parks are more attractive. They are provided with all facilities A.C. Bunglas, A.C.Cars, A.C. Chambers, Attenders, Servants, Free Library etc.  They feel so co placement, secure of tenure of the

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 Position of Pre-Second Judges Transfer Case : 1. These writ petitions filed in different High Courts and transferred to this Court under Article 139* of the Constitution raise issues of great constitutional importance affecting the independence of the judiciary and they have been argued at great length before us. The arguments have occupied as many as thirty five days and they have

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Justice is not a cloistered virtue. It must be allowed to suffer the scrutiny and control spoken comments of ordinary men – Lord Atkin in Andre Paul Vs Attorney general of Trinidad[1]. In Supreme Court Bar Association Vs Union of India[2] and another plenary power and contempt jurisdiction of the Supreme Court came up for the consideration of this court and in that context Article 129, 142,

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Judges Transfer Case : Reported in  1. 1999 (3) LLN 175. 2.1998 (3) SCC 192 3. 1999 SCC (L&S) 1299 4. 1993 (2) SCC 56 5. 1995 AIR SCW 1555 & 3768 All India Judges Association took up the matter of transfer of Judges of the High Court’s yet, it is not a finality the entire matter can be looked in to in view of the present circumstances High Court Judges are

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Transfer of Judges of the High Courts : The transfer of Judges of High Court from one High Court to another otherwise than by way of disciplinary action has been a knotty issue. This issue was prominently discussed and the principles governing the issue laid down in the 1993 decision of the Supreme Court in SCAORA, and supplemented in Ashok Reddy Vs Union of India[1]. C. Subordinate

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Constitution Of High Court: In India every state has got High Court. This is the higher Judiciary in respect of the state. Constitution Of High Court In The States :  Article 214 deals with a High Court by each state. Article 215 deals with the High Courts to be courts of record. Appointment of Judges of High Court :  Under Article 217 the President of India by

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Powers of the Supreme Court : Under Article 131 of the Constitution the Supreme Court of India have got original Jurisdiction in cases of disputes  a) Between the Government of India and one or more States. b) Between the Government of India and any State or States are one side and one or more other States on the other. c) Between two or more States. The

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Which they wanted not to be eroded, this was the significant event in the entire Judicial History of India subsequently the convention of seniority for the appointment of Chief Justice of India has been continuously followed. From the Puisne Judges of the Chief Justice of Supreme Court of India Justice Sinha 1949. He was impeached by the Parliament and it was only the occasion in the Judicial

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A Judge of Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than 2/3 of the members of house present and voting has been presented to the President in the same session for such removal on the ground of proved

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Appointment of Judges to the Supreme Court :  The composition of Judges in the Supreme Court comprises its establishment, and it involves in constitution of Supreme Court – This subject is specifically dealt under chapter IV of the Constitution. The Union Judiciary Article 124(1) Article 124(1) – The Constitution of Supreme Court of India consisting of a Chief Justice of India and

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1. The Higher Judiciary Constitution – Appointments The Jurisprudence of Judicial composition is of paramount importance. The frames of the constitution wasted the appointment power of Higher Judiciary in the hands of the president and in consultation with the chief Justice of India. Regarding other Judges of the Higher Judiciary (High Courts and Supreme Court Judges) the power was a

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Administration of Justice is one of the essential functions of the state. Every State (The organized power of a Political Community) has a primary objective to maintain peace and order in the society. To achieve the said objective of maintaining peace and order in every state has to make laws both Civil and Criminal to regulate and control the action of its citizens. However, mere enunciation

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Legal and Constitutional Perspectives : The objectives Resolution of the Constituent Assembly to frame the Constitution to free India contains 8 clauses to guarantee and to secure to all the people of India : Justice – Social, Economic and Political, Equality of status and opportunity, freedoms “with adequate safeguards to the minorities, backward and depressed classes” to maintain integrity

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In other countries, the Judges are elected by the people. In such a case, they are accountable to the people for their actions. In other countries they are appointed by the Parliament and they are answerable to the Parliament. But, in India, the Judges are appointed under the hand and seal of the President. But they are not answerable to the President for their actions. In the first 25 years

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Famous case, S.P.Gupta Vs Union of India[1] 1982, this is popularly known as Judges Transfer case. The Supreme Court unanimously agreed with the meaning of the term consultation in Article 212, 22, 124(1)* of the constitution. In the above, Supreme Court Advocates on Record case, the Supreme Court held that the Chief Justice shall have to consult two other senior most Judges of the Supreme

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Judicial Appointments is yet another factor to test the independence of the Judiciary. The best guarantee for Judicial Independence is the impeccable conduct of the Judge. There are three methods.,  1) Election by Legislature  2) Election by the People  3) Appointment by the Executive.  If a Judge is elected by the legislature, he will tend to be faithful to the

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Justice and Freedom to do the same is not a wholesome unrestrained it is Justice as per law for time being in force and freedom to do Justice in the manner, permissible by law. Both Justice and Freedom are subjective in the sense, the Justice is what a Judge understands from own point of view and Freedom to do Justice is freedom to elicit the truth. The Indian Judicial System under heavy

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The Judiciary in India has interpreted the laws very liberally so as to give the benefits of the laws to the poor and downtrodden sections of the society. The interpretation of the Directive Principles of States Policy and Fundamental Rights in the light / of humane Justice has so far been fairly encouraging. But the Judiciary has its own limitations in pronouncing the rights on disputed

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