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19/03/2020 - Judiciary

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March 19, 2020

Do you think that the nomination of a former Chief Justice of India to the Rajya Sabha is a blow against the judiciary’s independence? Comment (200 Words)

Refer - The Hindu

Enrich the answer from other sources, if the question demands.

 

2 comments
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IAS Parliament 5 years

KEY POINTS

The 16-point code of conduct for judges or as it was called the “Restatement of Values of Judicial Life” (adopted at a Chief Justices Conference in May 1997) states:

·         A judge should practice a degree of aloofness consistent with the dignity of his office

·         A judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned”.

·         Unfortunately these values seem to have been forgotten by judges who invite politicians to their personal functions, eulogise them in public or call them for personal favours.

·         Judges can also interact with functionaries of the government in their official capacity for official work. But we now see the repeated spectre of judges hearing and deciding cases of politicians with whom they have a personal camaraderie.

·         This code of conduct also lays the basis of how post-retirement conduct ought to be. For example if a judge after deciding politically sensitive cases involving particular political parties or politicians, soon after retirement seeks and gets a plum post such as a Rajya Sabha nomination by those very politicians or parties, it would obviously raise serious questions about his or her independence as a judge when he or she had decided those cases.

·         The government’s actions in the sexual harassment case and the offer of a Rajya Sabha seat by the government, raise serious doubts about the fairness of many critical judgments, including. The precedent that he has set strikes a blow against the independence of the judiciary.

Shivangi 5 years

Please review.Also, is my word limit insufficient for the above question ?

IAS Parliament 5 years

Try to mention articles related to judiciary. Keep Writing.

Yes word limit is enough.

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