Judicial activism has faced several assaults from politicians and bureaucrats ever since the Supreme Court became affirmative. But the sad part is that it has had to also face onslaughts from within. When the public interest litigation movement was in its infancy, a bench of strict constructionists one morning brought up 10 questions that would have choked its growth in coils of conservative interpretation of the Constitution (Sudip Mazumdar vs Union...
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Promote docket inclusion: K.G. Balakrishnan by J Venkatesan
About 1.7 crore cases were disposed of in 2008 by 14,000 Judges in the country, Chief Justice of India K.G. Balakrishnan said on Wednesday. “About 1.8 crore fresh cases had been filed in courts in 2008, … reflecting a steady increase in the rate of institution of fresh proceedings over the years. Against this, approximately 14,000 Judges disposed of 1.7 crore cases in 2008, demonstrating a disposal rate of 1,200...
More »Token gesture by V Venkatesan
TWENTY-ONE Judges of the Supreme Court, including the Chief Justice of India (CJI), posted the details of their assets on the court’s website. The details of assets of one judge, Justice H.S. Bedi, have not yet been provided. Justice B.N. Agrawal, who retired recently, also provided the details of his assets on the website on special request. (The details are available at http:// www.supremecourtofindia.nic.in/assets.htm.) The court has claimed that the...
More »Disqualification by Judges’ interest in litigation by TR Andhyarujina
Judges should be made of sterner stuff and should not recuse themselves merely to preserve an appearance of non-bias when there is no real possibility of bias. Four recent cases in the Supreme Court have raised the question of when a judge, who has either a pecuniary interest in the litigation or non-pecuniary connection with a party to the litigation, should recuse himself from a case. In the first case,...
More »New legislation on Judges' accountability soon: Moily
The Centre plans to bring a "state-of-the-art" legislation in the Winter session of Parliament to deal with complaints of corruption against Judges and ensure accountability in higher judiciary. The Judges Standards and Accountability Bill will cover the "entire judiciary" and would not be a "one sided affair". It would also provide appropriate protection to the Judges so that "it will not be misused," says Law and Justice Minister M Veerappa...
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