The complaint filed by the Campaign for Judicial Accountability and Reforms against the Chief Justice of India serves as the latest reminder of the urgent need for reform in the Supreme Court.
ON JANUARY 15, BARELY THREE DAYS AFTER four senior judges of the Supreme Court addressed a press conference, in an unprecedented development, the Campaign for Judicial Accountability and Reforms (CJAR) sent a written complaint to five most senior judges of the court demanding an inquiry against the Chief Justice of India for allegedly committing “several acts of serious misconduct”. It was authored by Prashant Bhushan, convener of the CJAR.
Invoking the “in-house procedure” that provides for remedial action against High Court and Supreme Court judges if they do not adhere to the “values of judicial life”, the complaint mentioned four specific charges against the CJI.
Detailing those charges over 24 pages, the complaint sought an inquiry by a committee of either three or five most senior sitting judges in the Supreme Court. While the “in-house procedure” is silent about what needs to be done if a complaint is received against the CJI, the CJAR complaint suggests a method by citing past court judgments in India and the practice followed in the British legal system. So, in the legal history of the country, this may be seen as a significant intervention if it is accepted by the senior judges.
The complaint is significant for its timing, coming days after the judges’ press conference.
All the four charges it mentions as “apparent acts of misconduct” by the CJI are related to two issues—the “medical scam” cases and the acquisition of government land by Dipak Misra by filing a false affidavit while he was enrolled as an advocate in Odisha.
Denne historien er fra February 16, 2018-utgaven av FRONTLINE.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra February 16, 2018-utgaven av FRONTLINE.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
How Not To Handle An Epidemic
The lockdowns were meant to buy time to put in place appropriate health measures and contain the coronavirus’ spread, but they have failed to achieve the objective and heaped immense misery on the marginalised sections of society. India is still in the exponential phase of the COVID-19 infection and community transmission is a reality that the government refuses to accept.
Tragedy on foot
As the COVID-19-induced lockdown cuts the ground beneath their feet in Tamil Nadu, thousands of migrant workers are trudging along the highway to the relative safety of their upcountry homes.
Sarpanchs as game changers
Odisha manages to keep COVID-19 well under control because of the strong participation of panchayati raj institutions and the community at the grass-roots level under the leadership of Chief Minister Naveen Patnaik.
Scapegoating China
As the COVID-19 death rate spikes and the economy tanks in the United States, Donald Trump and his advisers target China and the World Health Organisation with an eye to winning the forthcoming presidential election.
New worries
Kerala’s measured approach to the pandemic and lockdown has yielded results. But it still has to grapple with their huge economic impact on its economy, which it feels the Centre’s special financial relief package does little to alleviate.
No love lost for labour
Taking advantage of the lockdown and the inability of workers to organise protests, many State governments introduce sweeping changes to labour laws to the detriment of workers on the pretext of reviving production and boosting the economy.
Capital's Malthusian moment
In a world that needs substantial reorienting of production and distribution, Indian capital is resorting to a militant form of moribund neoliberalism to overcome its current crisis. In this pursuit of profit, it is ready and willing to throw into mortal peril millions whom it adjudicates as not worth their means—an admixture of social Darwinism born of capital’s avarice and brutalism spawned by Hindutva. .
Understanding migration
When governments and their plans are found to be blatantly wanting in addressing reverse migration, exercises such as the Ekta Parishad’s survey of migrant workers throughout India can be useful to work out creative long-lasting solutions.
Waiting for Jabalpur moment
The Supreme Court’s role in ensuring executive accountability during the ongoing lockdown leaves much to be desired. Standing in shining contrast is the record of some High Courts.
An empty package
The Modi regime, which has been unable to control the COVID-19 infection, restore economic activity and provide relief to millions exposed to starvation, trains its sights on Indian democracy, making use of the panic generated by fear and a lockdown that forecloses paths of resistance.
