Less than a month after the office, the main judge of India (CJI), Bhushan Ramkrishna Gavai, took off the lid from one of the sacred saints of cows. Judges, said and accepted the government’s appointment “immediately after retirement” or resigned from the election competition, raises significant ethical concerns and raises public control. ”
The words come from the Supreme Judicial Officer in the country and have gained a new meaning. Gavai explained that he decided not to accept any role or position after retirement or attitude, stated that “a judge attacking elections to political office may lead to doubts about independence and impartiality of judiciary.
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This sincere acceptance and the one that set the cat between the courts, came to the round table 3 June at the British Supreme Court, organized by Lord Reed of Almermuir, the President of the United Kingdom.
CJI said that “the timing and nature of such orders after retirement could undermine the public confidence in the integrity of the judiciary, because it could create the perception that the court decision was influenced by the prospect of future government appointment or political involvement”.
He admitted that “there were cases of corruption and misconduct that emerged in the judiciary,” Cji Gavai welcomed a step to publish the Supreme Court judges’ assets.
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The Top Court recently launched the probe into the accusation against the judge of the High Court in Delhi after a large amount of cash from his official residence was obtained after the fire incident. Judge Yashwant Varma was transferred back to the Allahabad High Court.
Many people have seen Sentiment CJI, including a public interest veteran lawyers such as Prashan Bhushan: “There is no doubt that CJI is a great confession. After shutting down jobs, this resorter said.
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Certainly, there is no provision that would prevent the judges from receiving tasks after retirement, even this is not the time of cooling-the difference from the case of the case of the bureaucrats. However, critics consider immediate appointment after retirement as a potential conflict of interest and emphasize that they create questions about judgments issued by judges during service.
Ranjan Gogoi became a deputy
This entity, never too much under the surface, exploded openly in mid -2019, when Ranjan Gogoi became the fortieth sixth main judge of India a member of Parliament. The Narendra Modi government invited him to the 250 -member Rajya Sabha or the upper house. The nominated deputies are appointed for their knowledge – or experience in “literature, science, art and social services”, are often described as political friends. On March 24, 2020, live opposition benches went to cry ‘shame! Shame!’ Like the former CJI, he began to recite his oath.
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Later Gogoi built a hard defense. His courts, he told reporters, were involved in other judges. Because two or more judges are gathered to hear cases in the Supreme Court, it could hardly be the only wine. If he was “corrupt”, then they were judges who shared benches and decisions with him! For a good degree, it was known that his enjoyment as a deputy was hardly at the same level as what he received as a CJI.
As a judge Gogoi, he chaired the benches who dealt with many sensitive cases, including the ground dispute of Ramjanmabhoomi-Babri Masjid and proposals for reviews filed for the purpose of investigating the purchase of Indian purchase of 36 Rafale aircraft from France.
Another former CJI, P. Sathasivam, was appointed Governor Keraly four months after retiring in 2014. These are not isolated cases. According to the investigation published in 2021, of 103 of the Supreme Court judges who left since 1999, after the dismantling of the Office took at least 73 – or a total of 71 percent -.
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It was the appointment of courts, the Human Rights Commission, the ad hoc commission appointed by the government, the Water Courts and as Lokayuktas or the anti -corruption officials at state level. Add to them, appointment to bodies, such as national consumer disputes, forum remedy (NCDRC) and the legal commission are largely the norm.
Which is problematic. Prashant Bhushan agrees that most – not all of them – such meetings include a government, which makes Hobson’s choice at all times.
Says former judge of the Supreme Court, Jasti Chelameswar: “At the philosophical level, CJI is right, but the fact is that many judicial members are corrupt and everyone knows. The rotting is running deep, so who will follow CJI?”
He told this reporter: “The lot depends on the behavior of a man in office.
“Two kinds of judges”
Chelameswar quotes the late Aruna Jaitley, former Minister of Law and his terrified assessment of judges. “There are two kinds of judges who know the law and those who know the Minister of Law,” said BJP leader in 2012, adding that “ “ “ “ “ `retirements before retirement are influenced after their retirement. “That was, of course, when BJP was out of power.
Well -known human rights advocate, Colin Gonsalves, welcomes comments CJI. “
“This is an excellent idea. The appointments should not be a governments in the first place. If the Executive Appoints You And Makes the Financial Allocation, Then Where Is the Independnce for the Judiciaria? Instaad, India Needs to Utilise ITS Experts, WHO HAVE NO SAY IN THE MATTER SO FAR.
No seismic shift is required in its estimate. “Only a minor improvement in existing status books will do this, ” said in response to the question of who will be headed by a number of bodies and government committees and institutions if the judges refuse such appointment.
Such retirement meetings have a gloomy tradition. Prime Minister Jawaharlal Nezru has begun the practice of inviting judges to this banquet. In 1952 he named Sih Saiyid Fazl Ali, one of the original Indian judges of the Supreme Court as governor of Orissa. Sir Saiyid was still a judge when he announced his decision and critics were not amused.
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The first Indian prime minister, however, persisted and annoyed Sir Saiyid and others to turn jobs after retirement. He made them governors and ambassadors, placed them in the university administration and commissioned them to operate advisory and investigative commissions. And these Statwarts committed themselves. Sir Saiyid reorganized states to language units; Mc Mahajan settled the border disputes between states; SR DAS examined ministerial incapacity; SK DAS examined bureaucratic bunging; Vivian Bose investigated corruption of businesses while Venkatarama Aiyer recommended the offer policy.
The judge attacking elections to the political office may lead to doubts about the independence and impartiality of the judiciary.
Obviously, this trend has now touched new heights – or minimal. Written by the British legal scholar Shaubhankar Dam in paper: `This system of jobs for pensioners of judges cycles, such as the economy of influence-ten, which damaged the ability of the court to achieve its compulsory purpose. ”
Obviously, Nezru’s inauguration practice is now a permanent custom of the Republic of Indian.
(Tagstotranslate) Judicial independence
