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Judicial appointments: agenda for reform by Anil Divan

The independence of the judiciary and the rule of law will be severely compromised if the integrity of the higher judiciary is not protected by an independent, informed, transparent, fair and robust process.  The former Chief Justice of India, P.B. Gajendragadkar, said: “Wise judges never forget that the best way to sustain the dignity and status of their office is to deserve respect from the public at large by the...

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Cut Red Tape

A formal move to consider the removal of a sitting judge is extremely rare. In 1991, impeachment proceedings began against Justice V Ramaswami, but were later dropped due to lack of support in Parliament. More recently, a judge of the Calcutta high court is facing impeachment. Now, 76 Rajya Sabha MPs - all from the opposition ranks - have put their signature to a petition seeking the removal of Karnataka...

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Aren’t our judges Indian? by Sudhanshu Ranjan

The declaration of assets by Supreme Court judges recently is a belated step in the right direction. By challenging the direction of the Central Information Commission in the high court, and then appealing against its decision, the Chief Justice of India (CJI) gave an impression that instead of being a paladin of impartiality and transparency, he was more interested in protecting his peers. This voluntary move appears to have been...

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Privatisation of Judiciary! by K G Somasekharan Nair

The increase in the number of civil cases in a country is its social mascot, as it symbolises the abundance of law abiding civilised citizens accepting the authority of the judiciary to get their grievances redressed. Otherwise, they would have turned to self-retaliation or employed roughnecks, a usual practice in America and Britain enkindled by their criminal heritage, to enforce justice in their own way; hence all civil litigants may...

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Govt mulls changes in RTI Act by Dhananjay Mahapatra

Chief Justice of India K G Balakrishnan’s recent request to Prime Minister Manmohan Singh to protect the judiciary from increasingly ‘‘intrusive’’ queries appears to have triggered an exercise to look for options to effect changes in the RTI Act. Following the CJI’s impassioned letter, which said questions asked by chronic litigants about the judiciary could erode its independence, the government has started looking into possible changes in the RTI Act,...

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