THE GIST of Editorial for UPSC Exams : 25 February 2020 (The unassailable keywords for the judiciary (The Hindu))

The unassailable keywords for the judiciary (The Hindu)

Mains Paper 2:Polity
Prelims level: International Judicial Conference 2020
Mains level: Judiciary and its independency

Context:

• Justice Arun Mishra’s public praise of the Prime Minister at a public forum raises serious questions about the independence of the judiciary.

Background:

• He was speaking at the inaugural session of the International Judicial Conference 2020, ‘Judiciary and the Changing World’.
• The international judicial community must have been left aghast as far as the very independence of the Indian judiciary is concerned. Judges across India must be left bewildered wondering whether they should indulge in similar praises or not.
• One cannot forget that Justice Mishra is one of the seniormost judgesof the Supreme Court of India and every word spoken by him may be taken seriously by those connected with the administration of justice.

Reiterating independence:

• In a 1981 judgment, the Constitution Bench of the Supreme Court held that, Judges should be stern stuff and tough fire, unbending before power, economic or political, and they must uphold the core principle of the rule of law which says: ‘Be you ever so high, the law is above you.’.
• This is the principle of independence of the judiciary which is vital for the establishment of real participatory democracy, maintenance of the rule of law as a dynamic concept and delivery of social justice to the vulnerable sections of the community.
• It is this principle of independence of the judiciary which we must keep in mind while interpreting the relevant provisions of the Constitution.

Standard of conduct:

• Among the several attributes that have been prescribed of a judge is “proper personal conduct”.
• It was also declared, “The Judges of higher echelons, therefore, should not be mere men of clay with all the frailties and foibles, human failings and weak character which may be found in those in other walks of life. They should be men of fighting faith with tough fibre not susceptible to any pressure, economic, political or any sort.”.
• It concluded, “In short, the behaviour of the Judge is the bastion for the people to reap the fruits of the democracy, liberty and justice and the antithesis rocks the bottom of the rule of law.”

Conclusion:

• One thing is clear, the judiciary is fast eroding the hopes and aspirations of great men and women who sat in the Constituent Assembly debating and giving us the great document, the Constitution of India.
• Any correction, if at all, must come from within the judiciary.

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Prelims Questions:

Q.1) With reference to the women in armed forces, consider the following statements:
1. The Supreme Court declared that Short Service Commission (SSC) women officers are eligible for permanent commission and command posts in the Army irrespective of their years of service.
2. In 2006, the Women Special Entry Scheme (WSES) was replaced with the Short Service Commission (SSC) scheme, which was extended to women officers.

Which of the statements given above are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) None of the above

Ans: C
Mains Questions:
Q.1) An effective judiciary should be independent as well as accountable. Critically examine the statement.