LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prakash Yedhula (Lawyer)     04 October 2009

Corruption in judiciary

Who is responsible for corruption in judiciary? 



Learning

 10 Replies

charudureja (advocate)     04 October 2009

Basic human  nature is greed, to accumulate wealth by whatever means may  be good or bad. so in a way everyone is equally laible if u see that whn one has to get summons from the court officials he has to pay something to them this is one example of  corruption at lower level bt why it is persisting because we dont mind in bribing we say doesnt matter work is being done same is the case with judges we dont mind buying the justice and so they dont mind in selling  justice


(Guest)

Clients, Politicians, Police, Court administrative staff, Advocates and judges.

dinusha masil (Advocate)     15 October 2009

According to me,advocates are more responsible for corruption in judiciary.B'coz ,an advocate  used to encourage a common man to do so..... inorder to win the  cases.


(Guest)

Mr.Dinusha Masil,

 

You are at student stage. First know the society, judiciary and advocate's resposibilty. Don't blame advocates only.

S.B.adil rahman (Legal Consultant )     02 February 2010

For the Readers we are attaching the Full Court Resolution

Corruption is an admitted  part of our society .Efforts are being made to eradicate this disease but ages will  be required to reform the judiciary which is becoming tainted.On May 7, 1997, the Supreme Court of India in its Full Court adopted a Charter called the “Restatement of Values of Judicial Life” to serve as a guide to be observed by Judges, essential for independent, strong and respected judiciary, indispensable in the impartial administration of justice.  This Resolution was preceded by a draft statement circulated to all the High Courts of the country and suitably redrafted in the light of the suggestions received.  It has been described as the ‘restatement of the pre-existing and universally accepted norms, guidelines and conventions’ observed by Judges.  It is a complete code of the canons of judicial ethics.  It reads as under:

  1. Justice must not merely be done but it must also be seen to be done.  The behaviour and conduct of members of the higher judiciary must reaffirm the people’s faith in the impartiality of the judiciary.  Accordingly, any act of a Judge of the Supreme Court or a High Court, whether in official or personal capacity, which erodes the credibility of this perception has to be avoided.
  2. A Judge should not contest the election to any office of a Club, society or other association; further he shall not hold such elective office except in a society or association connected with the law.
  3. Close association with individual members of the Bar, particularly those who practice in the same court, shall be eschewed.
  4. A Judge should not permit any member of his immediate family, such as spouse, son, daughter, son-in-law or daughter-in-law or any other close relative, if a member of the Bar, to appear before him or even be associated in any manner with a cause to be dealt with by him.
  5. No member of his family, who is a member of the Bar, shall be permitted to use the residence in which the Judge actually resides or other facilities for professional work.
  6. A Judge should practice a degree of aloofness consistent with the dignity of his office.
  7. A Judge shall not hear and decide a matter in which a member of his family, a close relation or a friend is concerned.
  8. A Judge shall not enter into public debate or express his views in public on political matters or on matters that are pending or are likely to arise for judicial determination.
  9. A Judge is expected to let his judgments speak for themselves.  He shall not give interviews to the media.
  10. A Judge shall not accept gifts or hospitality except from his family, close relations and friends.
  11. A Judge shall not hear and decide a matter in which a company in which he holds shares is concerned unless he has disclosed his interest and no objection to his hearing and deciding the matter is raised.
  12. A Judge shall not speculate in shares, stocks or the like.
  13. A Judge should not engage directly or indirectly in trade or business, either by himself or in association with any other person.  (Publication of a legal treatise or any activity in the nature of a hobby shall not be construed as trade or business).
  14. A Judge should not ask for, accept contributions or otherwise actively associate himself with the raising of any fund for any purpose.
  15. A Judge should not seek any financial benefit in the form of a perquisite or privilege attached to his office unless it is clearly available.  Any doubt in this behalf must be got resolved and clarified through the Chief Justice.
  16. Every Judge must at all times be conscious that he is under the public gaze and there should be no act or omission by him which is unbecoming of the high office he occupies and the public esteem in which that office is held.

These are only the “Restatement of the Values of Judicial Life” and are not meant to be exhaustive but illustrative of what is expected of a Judge. The above “restatement” was ratified and adopted by Indian Judiciary in the Chief Justices’ Conference 1999.  All the High Courts in the country have also adopted the same in their respective Full Court Meetings.

However we all know the progress made so far.

Bhartiya No. 1 (Nationalist)     02 February 2010

Who is responsible for corruption in judiciary?  My experiance says it is 100% Hon'ble judges.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 February 2010

we all are responsible - in the broad sense. the judge individual - in a narrow sense.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     18 February 2010

illigal work which is beyond legallity is corruption. corruption among the judiciary is more dengarous and severe because  we depend upon judiciary al most all the matters. the last word generally told by the judiciary.

Bhartiya No. 1 (Nationalist)     18 February 2010

No client wish to pay any kind of graft. I am watching one judge since last three years, he is a dead honest himself and almost has made some of the prvisions that prevents his subordinate staffs also from taking. Like, earlier while filling attendence and in the evening while asking next date of the suit, peshkars and peons were asking money, for that he has ordered to keep one drop box in which anyone can drop attendence sheet, the other thing is that in the evening or next day morning he has ordered to paste cause list, mentioning next date etc. Also tough action is being taken on any type of complain. Ultimately, remedy lies with higher officers, if he is honest, he also will not allow his subordinate staff to accept any kind of graft.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     19 February 2010

thanks mr ashutosh, we need such type of judges more in mumbers.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading