History of Corruption in Indian Judiciary since Independence

Very sad. We can only hope for divine justice.

After all judiciary is no exception.

Even army is no exception. This country belong to us, and we are equally responsible for the evil present in the society/Nation.

When Top Commanders of army invoved in corruption how one can expect they will fight with guns? Our majority of Indians show their patrotism inside four walls not against enemy. They put national flags on their tables, vehicles etc. and hang photos on the walls of great leaders of independence. When they receive bribes they shut their mouths and become traiters. For complete elimination of corruption there must be a law of capital punishment for wrong doers no exception to judges also. When people collectively fight against corruption definately changes can bring in our country. IS IT POSSIABLE?

Of course sir, It is possible, Every ills/evils has a life cycle, One day It will end, but sooner would have been better. As u rightly said capital punishment is the answer, corruption/bribery must be equated/trialed with mass murder and treason, max punishment should be what u said, at least life imprisonment. What we need is tough rules. Medieval way of punishment was deterrent.

HON'BLE CITIZEN'S

                  GET THE COPY OF JUDGEMEMT PASSED BY SUPREME COURT OF INDIA IN THE CONTEMPT PITITION NO.203 OF 1996 IN THE MATTER OF RAJ KISHORE VAISH  V/S THE ATTORNEY GENERAL OF INDIA AND OTHERS(FEW JUDGES OF HIGH COURT) DO ANY CRIME , ANY CORRUPTION  NOBODY CAN PUNISH YOU TILL THE ABOVE NOTED JUDGEMENT IS LIVE  ...........IN INDIA.

                            RAJ KISHORE VAISH

Importance of Judiciary has increased due to failure of other arms of Rule of Law. Due to this it is being overburdened, which results in corruption.

The only way to eradicate corruption is to improve ethics/ morals of the citizens. Even the most strict penalties cannot eradicate corruption.  

How and who will improve ethics and morals of the citizens. All our great saints and personalities died preaching people. We all have read their preachngs. But our memories are shortlived.

Hope sustains life. Improvement of Morals and ethics can begin from any point.  Mere preaching will not do.

The morals and ethics can be taught to young children in schools and at home. Unless and until this begins, you cannot expect improvement.

Have a look at this interesting article from Rediff News:

"Corrupt people should be hanged in public:SC judge"
View this article

SC Judges reveal asset on website

The Supreme Court on Monday, 2nd November, posted the Assets of Supreme Court
judges on its website, clarifying that the declarations were being made on a
voluntary basis only! This despite the fact that the decision to reveal assets
on the website was taken on Aug. 26 in the backdrop of a raging controversy over
resistance by the SC to answer a query regarding assets of judges. As this
MailToday story reports, declarations lack information with some Judges giving
only sketchy details and not mentioning the value of their movable and immovable
assets. more...


Ghaziabad provident fund scam main accused dies under mysterious circumstances

Ashutosh Asthana, the main accused in the Ghaziabad provident fund scam, was
found dead in his prison cell on 17th October 2009. It is known that he was
clearly under a lot of pressure, as was evident from his statement in which he
tried to change his first confessional statement as well as another affidavit
through his lawyer in which he stated that he had given the second statement
under pressure. In his S. 164 confessional statement before the Magistrate of
Ghazibad court, he had confessed that of the 7 crore embezzled, he had given
cash and gifts such as air conditioners, refrigerators, expensive clothes,
jewellery and furniture to many judges including judges of the High Court and a
Supreme Court judge. news report


Contempt of Court & the Conflict of Interest Controversy

Last week there were newspaper reports that the Supreme Court has permitted the
filing of a contempt petition against Mr. Prashant Bhushan for allegedly casting
aspersions against some judges including Justice Kapadia, for his violating the
law against judges hearing cases where there is a conflict of Interest, by his
hearing and deciding the Vendanta case despite having shares in Sterlite (a
subsidary company of Vendanta).
Here's an excellent article by Manoj Mitta (Times of India) that unfolds
interesting aspects of the Justice Kapadia conflict of interest controvesy and
how this principle (also importantly adopted by the SC judges in 1997 through
the Restatement of Judicial Values), has been completely violated by Justice
Kapadia in his hearing and deciding this and other Sterlite cases.
....article


Corrpution in the Judiciary : Tehelka investigates...

In this Tehelkha story, Brijesh Pandey and Sanjay Dubey track the Supreme
Court's lack of urgency in investigating charges of judicial
corruption....article


The Dinakaran Imbroglio: Appointments and Complaints against Judges

The Dinakaran episode has brought to the surface the vexed problem of the
arbitrary and totally unsatisfactory manner of selecting and appointing judges
as well as the unresolved problem of dealing with complaints of misconduct and
corruption against judges. In this bracing article Prashant Bhushan analyses
these long simmering twin problems which lie at the heart of Judicial
Accountablity...more


Appointment of Judges – the Justice Dinakaran Controversy

Public opinion is now stirring over the issue of appointment of judges,
especially appointments made to the Supreme Court and High Courts in India,
which remain largely arbitrary, adhoc and non-transparent.
The man at the centre of the storm is the Chief Justice of the Karnataka High
Court, Justice Dinakaran, whose name has been recommended, along with four
others by the SC collegium for elevation as judges of the SC.
The controversy came to surface with a written complaint to the SC collegium by
the Forum for Judicial Accountability. The first representation against Jusitce
Dinakaran dated 9th September 2009 was regarding his amassing huge assets,
corruption and serious irregularities. The Second representation listed further
particulars with supporting material and the 3rd representation surfaced
additional information regarding amassing of further properties and the exercise
of judicial powers to decide cases in his own cause. The representations sent to
SC collegium can be accessed here… Representation 1 Representation 2
Representation 3 Representation 4


Loathing and fear in TN Village - Justice Dinakaran's Empire demystified

Read the Mail Today feature as M.C. Rajan in Chennai tracks Chief Justice
Dinkaran's disproportionate property details and other instances of judicial
misconduct while also detailing other judges caught in controversy... all of
which exerting pressure on the need to lift the veil of secrecy over judicial
appointments...more


Historic Ruling in favour of Transparency and Accountability - The Judges'Assets
case

The Delhi High Court ruled on 2nd September 2009, that the Chief Justice of
India (CJI) is a "public authority" within the meaning of the Right to
Information Act and has to make public the information on assets declared to him
by judges under the 1997 resolution of Chief Justices. The argument that such
information has been collected under fiduciary capacity by the CJI was also held
to be insubstantial.. The ruling by Justice Ravindra Bhat, which came on the
Supreme Court's appeal against an almost identical order from the Central
Information Commissioner (CIC), runs counter to the consistent stand of Chief
Justice K G Balakrishnan that the CJI could not be termed as a public authority
under RTI Act..view judgement


CJAR Public Statement on SC judges decision to put their assets on website

The decision of the Supreme Court judges to put their asset declarations on the
Supreme Court website is a welcome first step towards transparency and
accountability of judges in this country. It is also a tribute to the power of
public opinion... However, this decision of the Supreme Court judges does not
obviate the need for a law to make such public declarations compulsory. Indeed,
the law must provide for an annual public declaration of assets and liabilities
as well as income tax returns of all public servants, including judges...more


The Judges' Assets Saga

In February 2009, the Campaign for Judicial Accountability and Reform (CJAR)
issued an Open Letter to Judges of all the High Courts and the Supreme Court to
publicly declare their assets. It was urged through this letter, that by making
a public declaration of their assets, Judges' would be setting an example of
transparency in the country which would then be emulated by other public
servants in the country. In response to this letter, Justice K. Kannan of the
Punjab and Haryana High Court, perhaps the first judge to voluntarily make his
assets public, sent an email to Mr. Prashant Bhushan, Convener, CJAR, stating,
that while he held views against the demand for public declaration of judges'
assets, he had no qualms in sharing his financial and property details, which he
attached to the email. The correspondence between Mr. Prashant Bhushan and
Justice Kannan can be accessed here. Further the document sent by Justice Kannan
detailing his point of view can also be read here.


Karnataka High Court's, Justice DV Shylendra Kumar on Declaration of Assets by
Judges

Running out rightly contrary to the refusal of Judges of the High Courts and
Supreme Court to publicly declare their assets, Justice, DV Shylendra Kumar of
the Karnataka High Court, powerfully expresses his views against the Chief
Justice of India speaking on behalf of the country's judiciary as well as
Justice Kumar's right to express his views freely and without fear. His articles
in the New Indian Express can be read here and here. Justice Kumars asset
details as posted on a website can be accessed here.


Too High a horse - Ram Jethmalani

Former Law Minister, Mr. Ram Jethmalani asserts that judges must disclose their
assets to maintain public confidence in the courts more....article


Law Commission of India - Report on Reforms in the Judiciary

The Law Commission of India, Chaired by Justice Dr. Justice AR. Lakshmanan, in
its REPORT NO. 230 focuses on REFORMS IN THE JUDICIARY, offering some
suggestions. The report was submitted to the Union Minister of Law and Jusitce,
Ministry of Law and Justice, Government of India by the Law Commission on the
5th of August, 2009. Copy of the report can be found here.


CJI-Please declare my assets: Justice J.S. Verma

Former Chief Justice of India reitirates - Judicial accountability requires
transparency. Public knowledge of the antecedents, assets and liabilities of the
judge, spouse and dependents is necessary for adjudging the judge's conduct and
suitability for the performance of official duties... more.


Accountable or not - Fali S. Nariman

Renowned Jurist Fali S. Nariman states in this article that if the credibility
of the higher judiciary is to be restored, as he believes it must — since
without the higher judiciary our Constitution simply cannot work — it is
essential that every judge of the Supreme Court set an example and voluntarily
make a public disclosure of his (or her) assets on the website of the Supreme
Court, law or no law. more.


Limits of Judicial Conduct - V.R. Krishna Iyer

A Performance Commission to investigate delinquent judges is essential if
egregious judicial blunders are to be minimised. Read this thought provoking
artcile where Justice Krishna Iyer dwells on the limits of judicial conduct in
the present day context. more.


Judges (Declaration of Assets and Liabilities) Bill 2009 access copy here


CJAR Statement on proposed Bill on Declaration of Assets

Government of India has recently declared that bill is proposed to be tabled in
the parliament on the issue of declaration of assets by the judges. This bill
mandates all judges to compulsorily declare their assets to respective Chief
Justices. In light of this, Campaign for Judicial Accountability and Reforms
have issued a public statement. Through this statement, CJAR has called for a
public and annual declaration of assets by the Judges to ensure that the
objective of transparency through this proposed Bill is achieved. The statement
also appeals that the proposed Bill be finalised after effective consultation
with civil society. The statement has been endorsed by many eminent persons from
all walks of life. The statement can be downloaded from here.


CJAR Strategic planning meeting

On 11th July 2009, strategic planning meeting of the members of CJAR was held.
In this meeting, future course of action of the Campaign was discussed. In this
meeting, apart from other issues, recently passed legislation "Gram Nyalalaya
Act", recommendation of 2nd Administrative Reforms Commission on Judicial
Reforms were also discussed. Minutes of the meeting can be found here. Gram
Nyayalaya Act, as passed by parliament can be found here. It can be compared
with the Draft Gram Nyalayaya Bill as introduced in Rajya Sabha. Draft Bill can
be found here. Excerpts from recommendations of 2nd ARC can be found here. In
the meeting, status report of the activities of the CJAR during last year was
also presented. This report can be downloaded from here.


"Failing the common people"

India has an independent judiciary. Nonetheless, the gaps between codified law
and grassroots reality are wide. The Delhi-based Campaign for Judicial
Accountability and Judicial Reforms wants matters to change. Prashant Bhushan,
one of its leaders, explained what is wrong with the courts and what could make
a difference in a D+C/E+Z-interview. ...more


Govt probing assets owned by ex-CJI Sabharwal's family

In the reply to an application filed under Right to Information Act, Central
Government has admitted that pursuant to the complaint from CJAR regarding undue
monetary advantage to the family members of Justice Sabharwal due to his
controversial orders on sealing the business establishments in Delhi; CBI has
been directed to investigate the matter. CBI is investigaing various aspects of
the case, including the allegation of misuse of public office by the family
members of Justice Sabharwal. ...more


Lack of Judicial Accountability in India

Recently, in a talk in South Asian Studies Department, Princeton, Prashant
Bhushan delivered a talk on "Lack of Judicial Accountability in India". In this
talk, Prashant has pointed how judiciary has acqired self-perpetrating oligarchy
and has bocome powerful. He has also pointed out as to how the judiciary has
been making attempts to keep itself cocooned and has dismissed all attempts to
make it accountable. ...more


Sacrificing Human Rights and Environmental Rights at the Alter of "Development"

Recently, in a talk in George Washington University Law School, Washington,
Prashant Bhushan presented a carefully researched paper titled Sacrificing Human
Rights and Environmental Rights at the Altar of "Development". In this paper,
Prashant has pointed how "insensitive" the judiciary is, towards the poor.
Indian courts have failed to protect the socio-economic rights of the common
people of India who constitute the vast majority of the Indian population. The
main reason behind the insensitiveness of judiciary is that the higher judiciary
in India invariably comes from the elite section of the society nd it has become
a self-appointing and self-perpetuating oligarchy, says Prashant. ...more


Screening of Dam-age

Screening of the documentary "Dam-age", which covers the infamous Sardar Sarovar
Project on the Narmada and the Arundhati Roy contempt case, took place at the
India International Centre Auditorium on Saturday March 7, 2009. Read more about
the film on the website of Icuras Films. You can also see the film on Google
Video.


RTI on recruitmentsin DHC

An RTI application was filed in the Delhi High Court seeking information on
recruitments of the Class III and Class IV employees from 1990 to 2000. The
PIO's response was that vacant positions were not always advertised nor
interviews/tests conducted, whereas on the other hand several hundred temporary
and adhoc appointments were made over this period. This goes to expose the
complete violation of all rules of fairness and just procedure in recruitment
and appointment at the Delhi High Court....more; ..application in pdf format;
..application in word



Impeachment motion against Justice Sen moved

58 MPs of Rajya Sabha sent a letter to the Vice Prersident and the Chairman of
Rajya Sabha seeking impeachment of Justice Soumitra Sen. News were published in
...Economic Times ...Hindu ...Indian Express


Public Action : 26th Feb. '09

With the backdrop of a legal tussle over disclosure of assets by Judges, the
Campaign for Judicial Accountability and Reform, organised a public protest
outside the Supreme Court, in a bid for greater transparency and accountability
in the judiciary. A silent demonstration Near Indian Law Institute, Opposite
Supreme Court from 10 a.m. - 1:30 p.m. on the 26th of February, 2009. ...more;
..photos


Judicial Delays Petition

This petition is to seek redressal for crores of Indian citizens who are
routinely denied justice because of its delayed and therefore, ineffective
dispensation. It is to restore to them their fundamental and constitutional
rights guaranteed under Articles 21, 14, 19 and the Preamble, and to enforce the
constitutional obligations of State under Article 39A of the Constitution of
India. ...more


An Open Letter to Judges

Eminent persons from different walks of life and movements have written an open
letter to all Judges of Supreme Court and all High Courts in India, calling them
upon to declare their assets voluntarily and set an example for other public
servents. ...letter ...more


Article: "Completely Collapsed System"

News report in International Business Times highlighting the conditions of
Indian Courts and pendency of cases. ...article


Article: "Dismantling the walls of secrecy"

A number of steps are required to strengthen the transparency regime sought to
be established by the RTI Act. Tarunabh Khaitan writes in Frontline. ...article


Article: "Go Ahead, Ask"

Aruna Roy an Nikhil Dey of National Campaign for Peoples' Right to Information
RTI must be empowered to penetrate the veil of corporate India This article was
published in Tehelka ...article


Article: "Judging the Judges"

Recent cases underline the need for independent Constitutional bodies for the
appointment of judges as well as for investigating complaints against them.
These cannot be in-house bodies of judges and must be completely independent of
the judiciary as well as of the government. Prashant Bhushan writes in Outlook.
...article


Article: "In Suspension"

Chandrani Banerjee writes in Outlook on the issue of impeachment of Justice
Soumitra Sen as suggested by the Chief Justice of India and dilemma of the
present government. ...article


News: "CIC refuses to declare assets"

Members of the Central Information Commission have recently decided not to
declare their assets in public. ...news


Students Workshop

CJAR has yet again organised a Student Workshop on 'Judicial Accountability and
Reform' on Saturday, February 7, 2009. This workshop aimed at providing the
students with an overview and perspective on the judicial mechanism in the
country in the present context. Apart from this, issues and concerns of students
was also taken up and addressed through a time of open interaction and learning
sessions. Ranking them an important stakeholder group and building for their
fuller participation in the Campaign for Judicial Accountability and
Reform....invite


Press Converage

Press Release... ...more
NGO seeks consitutional body for judicial postings...more
Non-transparency in judiciary casuing scandals: CJAR ...more
Parties support sought to impeach HC Judge...more


Press Conference

A Press Conference is being organised by the Campaign for Judicial
Accountability and Reform on the recent controversies relating to appointment
and removal of judges, on Monday, 19th January, 2009 at 4p.m. at the Womens
Press Corps. The conference will be addressed by Mr. Prashant Bhushan, Senior
advocate, Supreme Court of India, Admiral R.H. Tahiliani (retired), former Chief
of Naval Staff and Chairman Transparency International, India, Ms. Kamini
Jaiswal, Senior advocate, Supreme Court of India and others....invite


The Judiciary: Hopes and Fear by Prashant Bhushan

When one examines the hopes and fears that one has from judiciary, it is
necessary to define the role that one expects the judiciary to play in the
country. Apart from dispensing justice in individual disputes brought before it,
the judiciary is expected to be the guardian of the Constitution and is supposed
to protect the fundamental rights of the people and implement the rule of
law....more


Appointment of Mr Ashwini Kumar Mata

Letter to Chief Justice of India dated January 6, 2008 on behalf of CJAR.
...more

Letter to Chief Justice of India ...more


Removal of Mr Justice Soumitra Sen

Students Text of the letter by Chief Justice of India to Prime Minister of India
for Removal of Mr. Justice Soumitra Sen, Judge, Calcutta High Court ...more


International Conference

International conference of jurists on `Terrorism, Rule of Law & Human Rights'
was held in New Delhi on December 13-14, 2008. text of the Inaugural speech of
Justice K.G.Balakrishna, CJI ...more


Above the Law

In Frontiline; A.G.Noorani, Nov 2008...more


Against the Law

In Frontiline; A.G.Noorani, Nov 2008...more


RTI and Judiciary

CJI not exempt from RTI purview, CIC tells Supreme Court; Times of India, Jan 7,
2009...more


PF scam case

PF scam judge transferred to Punjab and Haryana High Cout; Tribune, Jan 7,
2009...more


Too many case

In Frontiline; Nick Robinson, ...more

Students Workshop

A Half-day Students workshop on "Judicial Accountablity and Reforms" was
organised by the Campaign on Saturday, October 18, 2008 at 6/5 Jangpura B, New
Delhi fom 9 am to 1 pm. ....agenda



Panel Discussion

A Panel discussion on "Judicial Accountability - Appointment, Investigations and
Removal" is organised by the Campaign on Wednesday, September 17, 2008 at
Plenary Hall, Indian Law Institute, Bhagwan Das Road, New Delhi. ...background
note


More News on Judges Scam

- PM calls for introspection on judicial appointments;Sept 12, 2008 ...more
- A Rough Justice; Indian Express; Sept 10, 2008 ...more
- UP cops want CBI probe against 34 judges; Sept 10, 2008 ...more
- CBI can question two P&H High Court Judges; Sept 10, 2008 ...more
- How to Judge a Judge; Sept 10, 2008 ...more
- PF scam: UP getsflak for failing to order CBI probe; Sept 10, 2008 ...more
- Stemming rot; Judges dont need complete immunity says CJI; Sept 10, 2008
...more
- Justice Sen not resigning; Sept 10, 2008 ...more
- Judging the Judge; Sept 10, 2008 ...more
- Kolkatta Judges case adds to judicial woes; Sept 09 , 2008 ...more
- Why it's s difficult to remove a judge; Sept 09, 2008 ...more
- Centre moves to impeach HC judge; Sept 09, 2008 ...more
- CJI recommends impeachment of Calcutta HC judge; Sept 08, 2008 ...more


Ghaziabad Judges Scam

- The Hindu; July 15, 2008 ...more
- Hindustan Times; July 15, 2008 ...more
- Indian Express; July 15, 2008 ...more
- Hindustan Times; July 13, 2008 ...more
- The Hindu; July 08, 2008 ...more
- Times of India; July 08, 2008 ...more
- The Telegraph; July 08, 2008 ...more
- ZEE News; July 04, 2008 ...more


Judges' Wealth: Info body seeks opinions

In an attempt to settle the controversy surrounding the implementation of Right
to Information Act in the judiciary, the Central Information Commission (CIC)
has directed Supreme Court officials and the Department of Personnel and
Training to present their views on the matter.


Ex-chief justice under corruption panel scanner

In a development unprecedented in the country's judicial history, the Central
Vigilance Commission (CVC), the government's anti-corruption watchdog, has
forwarded a set of complaints with allegations of corruption and misconduct
against former Chief Justice of India YK Sabharwal to the government for further
action.



Judges are Public Servants, not Bosses - J.Krishna Iyer

Contrary to the Chief Justice of the Supreme Court recently said, the Right to
Information Act does cover 'constitutional authorities' ...more


Corruption in judiciary: It needs to have an Ombudsman of its own -
Fali S.Nariman

Judicial Accountability












Whether judges are appointed or elected it is their performance on the bench and
their accountability for improper activities that is crucial.

While there is great debate as to how judges are put on the bench, the public's
dissatisfaction with the so-called independence of the judiciary and with the
inadequacy of the judicial disciplinary machinery is disregarded by the Bench
and Bar.

We say that our system of government is a democracy. Yet we have a judiciary
with absolute power over our courts, unparalleled in history. This power is
founded on judicial independence, judicial immunity and control over the Bar.
Our system of government is based on separation of powers and does not allow
such concentration of power in the judicial branch.

Florida is typical of the legal system throughout the country. Although the
judiciary asserts immense power over the lives of individuals and the conduct of
businesses, they have rendered themselves totally unaccountable to the public or
to any other branch of government.

The judges and lawyers maintain their stronghold on the legal system on the myth
that they are the guardians of the constitutional rights of the people and that
the lawyers champion these rights in a court of law that is just and fair.

However, the legal profession has become big business, where justice is not the
objective but, to keep the clock running for billable hours for the maximum
profit. Although judges and lawyers hypothetically take an oath to uphold the
laws and the constitution of the land, in many cases that oath might as well
have been taken on the cook book, to brew up litigation to use the legal system
for an assembly line conversion of the victim's assets into fees, or to
confiscate it outright.

Even if, there are some judges and lawyers dedicated to the proper
administration of justice, unfortunately there are many who are not. To create
fees, lawyers can litigate frivolous, false claims or defenses endlessly and can
drag on a simple case for years. To stop the litigation, the attorneys can
demand payment, a so-called settlement which in many cases is nothing more than
a form of extortion. These practices not only harm the individual litigants but,
is an unconscionable waste of the taxpayers' money and clog up the court system.

Many judges acting in conjunction with attorneys, abuse the judicial
independence given to them in trust and confidence of the people. The myth is
dispelled when we are confronted by judges who disregard the rules; allow the
distortion of facts sometimes to the point of perjury; exclude evidence; rely on
laws which have no relevance to the legal and factual issues; issue decisions
which fabricate facts and are contrary to the record; deliberately omit critical
facts from the record; fail to follow the controlling law and precedent; or
issue decisions without any stated facts or law; and approve unreasonable and
unconscionable fees for attorneys. It is not unusual that property and money are
taken from the victims without the required due process and the victims are left
with nothing or a token of what they had or were entitled to.

Read about the best judges money can buy Click here Also please read Judges
Don't Care About My Life Click here. Judges should be made accountable for the
time they spend on the bench Click here. A response to ABA praising judges
Click here. A critical assessment of judges by former judge John Malloy click
here. According to a poll take by an American Bar Journal survey more than half
of Americans are angry and disappointed with the nation's judiciary. A majority
of the survey respondents agreed with statements that "judicial activism" has
reached the crisis stage, and that judges who ignore voters' values should be
impeached. Nearly half agreed with a congressman who said judges are "arrogant,
out-of-control and unaccountable." To read go go to,
https://www.abanet.org/journal/redesign/s30survey.html

To see the judicial selection method in the States go to
https://www.ajs.org/selection/sel_state-select-map.asp