The Brave Pedestrian

When members of the bar become judges in the same court (as is normal), their friendly relations or professional rivalries with their fellow-advocates will not suddenly cease. They don't stop being awestruck by their seniors, despising their juniors or hating their rivals. So, how can they be impartial? This is a structural defect in the judiciary. Like  ·  Comment  ·  Share

A tiny “ruling clique” of Supreme Court judges, led by the Chief Justice of India, currently decides which judge is to be elevated to High Courts and Supreme Court, or made Chief Justice of High Courts or Supreme Court. In making these appointments, this clique is guided by career aspirations of, and friendships with, individual judges rather than what is good for the judiciary as a whole. As a result, Chief Justices of high courts are quite often appointed for a couple of mo nths, before being elevated further. This ruling clique is called the “collegium”. There is no mention of the collegium in the Constitution of India. The collegium system, which has been in use since 1993, relies on two of its own judgments, and one opinion, collectively known as the Three Judges Cases. The court evolved the principle of judicial independence to mean that no other branch of the state -- including the legislature and the executive -- would have any say in the appointment of judges. In July...

The public often finds that judges avoid taking action against corrupt government officials and politicians. That is because, as the saying goes, those who live in glass houses avoid throwing stones. Every judge carries the guilt of having been elevated to his current position by doing favours to government officials, politicians, senior counsels, etc. in exchange for recommendations to the collegium. His entire career is controlled by the collegium of judges at High Courts and Supreme Court. There are no rules, no benchmarks, no due process to be followed, and no reference to any institution created by any law; the words of the collegiums -- which are illegal -- are the only law. How can such judges and chief justices safeguard our fundamental rights against encroachment by the powers-that-be? Like  ·  Comment  ·  Share

How "Uncle-Judges" enable the family members of their brother-judges, practicing in the same court, to exploit their relationship to get favourable orders and become super-rich -- Shanti Bhushan reveals the modus operandi. Like  ·  Comment  ·  Share