There are two reasons why the Indian Supreme Court is considered the world’s most powerful. First, Supreme Court Judges self-appoint, with no inter-institutional checks and balances. Second, dismissing a judge is so difficult that it has not been done so far. Many of the recent criticisms of the apex court’s perceived opacity have focused on these procedures for appointment and dismissal. The proposed Judges Standards and Accountability Bill is one...

While finalising a new law to check corruption and increase accountability in the higher judiciary, the Union Law Ministry has also decided to include a comprehensive code of conduct for judges of the Supreme Court and the High Courts. Sources told The Indian Express that this was being done as voluntary attempts by the higher judiciary to lay down a code of conduct had not yielded the desired result. According...

A bench of the Supreme Court recently said: “When you say it is the world’s oldest profession and when you are not able to curb it by laws, why don’t you legalise it?” Really? While dealing with a PIL filed by Bachpan Bachao Andolan about large scale child trafficking in the country, a Supreme Court bench of Justice Dalveer Bhandari and Justice AK Pattnaik are reported to have advised the...

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...

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...