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Strict scrutiny

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...

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A Dangerous Move by Aruna Roy

BEFORE ANY debate starts, we must remind ourselves that India has a tendency of corruption. India, though a democracy, has a history of reported corruption cases. While the Chief Justice of India, KG Balakrishnan, has demanded that PM Manmohan Singh amend the RTI Act to ‘protect’ the Judiciary from ‘intrusive’ queries, what needs to be kept in mind is that the proposed amendments will totally defeat the purpose of an...

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Detailed code of conduct for judges in new Bill by Maneesh Chhibber

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...

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Year of House unrest by PC Alexander

Within a few days from today we will be crossing over to the second decade of the 21st century. Those of us born in the 20th century and lived through the first decade of the 21st, have indeed been fortunate to experience the impact of several giant steps of progress in human history. Mankind has indeed achieved much more in this period than it had in all the previous periods...

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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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