Corruption in the Indian Judiciary

bench is in virtually(prenominal) way at a high gearer(prenominal) standpoint amongst these three organs beca make use of it is the only mechanism to keep the executive and legislature within their jurisdictions by confining them non to abuse or rape their spots. It controls, corrects or quashes the executive, however high it is, and even sets aside acts of the legislature if it acts contra-constitutionally. work bench is the guardian and final interpreter of the Constitution.It is a place of utmost affirm as it is last resort for the people. It is not negated that decom present is non-existent in authorized judicial systems rather it would be fair to say that in some countries bodgeion is nominal, infrequent and the result of individual, unethical behaviour. It is overly evident from the spoken communication of the former Chief rightness of India S. P. Bharucha, when he grieved everyplace the rampant blowion in the higher judicial system and brought to notice tha t around 20 percentage judge of the higher judiciary are invalidate. Now the question corpse can the judicial accountability be trusted upon whatever to a greater extent than?Does the judiciary hold the same value, as it had earlier? Is the judiciary abusing its immunity? Can judges be permitted to do anything in the guise of independence? These are the questions which still remained unanswered. Judicial rotting Corruption is the misuse of entrusted power for ain gain. In the context of judicial corruption, it relates to acts or omissions that constitute the use (or it is better to say misuse) of public authority for the private improvement of tourist court personnel, and results in the improper and unfair delivery of judicial decisions.In corrupt judiciaries, citizens are not afforded their democratic right of equal access to the courts, nor do the courts treat them equally. The merits of the aspect and applicable law are not dominant in corrupt judiciaries, but rather the status of the parties and the benefit judges and court personnel derive from their decisions. In corrupt judiciaries, rich and connected citizens triumph over ordinary citizens, and governmental entities and business enterprises prevail over citizens. No civilised society can command the peoples confidence if the judicatures verdict is privately purchased at a competitive price.Corruption and Indian judiciary A judicial scandal has forever been regarded as far more deplorable than a scandal involving any the executive or a member of the legislature. The slightest hint of irregularity or impropriety in the court is a cause for great fretfulness and alarm. In last one decade, there are a result of instances where a judge is found to be involved in corrupt practices. This demands a close look in these scandals because if judiciary itself gets corrupted who bequeath judge others. Before taking these scandals we should know the current well-grounded position on corruption as a pplicable on judges position down in Veeraswami case.Veeraswami Case This case is important in umteen ways. This was the first case where corruption charges were alleged against a judge of higher judiciary. This case dealt with many issues viz. whether judge of a high court or Supreme Court is a public servant or not who is the sanctioning authority for prosecuting a judge of a high court or Supreme Court under the Prevention of Corruption Act, 1947 whether Prevention of Corruption Act, 1947 (hereinafter referred as Act) is applicable on judges or not etc. Before taking these issues in detail, let us know background of the case.The appellant had committed offence under region 5(2) instruct with clauses (b), (d) and (e) of section 5 (1) of the Act. On perusal of the charge shred the special judge issued process for appearance of the appellant. The appellant thereupon filed a implore under section 482 of Cr. P. C. before the Madras senior high school Court for quashing the prose cution. The Full judiciary of the high court by a majority view has discount his case. However, in the view that the constitutional question involved in the case the high court granted certificate for appeal to the Supreme Court.A louver judge Bench of the Supreme Court heard the matter and quad judgments were delivered. Shetty J. authored the leading judgment, with Venkatachaliah J. , signing with him. B. C. Ray J. wrote a separate but agree judgment. L. M. Sharma agreed to dismiss the appeal but differ on some issues. Verma J. dissented. RECENT EPISODES In the last one decade, a number of instances expose by media and other active organizations where judges were involved in corrupt practices, which show that how corruption has crippled Indian judiciary. Some of them are discussed hereinafterJustice Soumitra Sens Issue In an unprecedented move by the CJI, wrote a letter to the prime minister, recommending that the proceedings contemplated by article 217(1) read with article 12 4(4) of the Constitution be initiated for removal of Justice Soumitra Sen, Judge, Calcutta High Court. 25 This recommendation was made on the basis of suggestions made by an In-House Committee, in a report submitted to the CJI that Justice Sen be removed from the office. The Committee has in its report accused Justice Sen of breach of trust and misappropriation of Recievers funds for personal gain.The in-house committee found that Soumitra Sen did not have safe intention, since he mixed the money received as Receiver and his personal money and converted the Receivers money to his own use. The gesture for his removal is not yet initiated. It is expected that the history will not be repeated. If it is repeated it would be a dishonor upon the Indian judiciary and its accountability. Cash-for-Judge Scam CJI Balakrishnan is the first Chief Justice of India who has granted permission to an canvas agency to register of a criminal case against judges of Punjab & Haryana High Court.This i s for the first time that power conferred by Veeraswami case is exercised by any CJI. He allowed the CBI to interrogate two judges of the Punjab & Haryana High Court, Nirmaljit Kaur and Nirmal Yadav, in data link with the cash for- judge scam. A law officer sent Rs. 15 lakh to Justice Nirmaljit Kaurs official residence and later claimed that it was meant for Justice Nirmal Yadav and had been delivered to Justice Kaur by mistake. Apart from these episodes there are few more instances where judiciary got shammed.Like, Justice Jagdish Bhalla, Chief Justice Himanchal Pradesh High Court was also traced in dealing with such mal-practices when he got a plot on nominal price by a land mafia, who was one of the parties to a case before him. In all above stated instances the judges, be a public servant, were alleged to be involved in corrupt practices even though the safety of the Act was not taken. There is no justification as to why judiciary did not take recourse of the Act and went for process of removal under article 124, which is next to impossible. *** RTI event has not been edited in keeping with the view of other legal essays.