The unassailable keywords for the
judiciary (The Hindu)
Mains Paper 2:Polity
Prelims level: International Judicial Conference 2020
Mains level: Judiciary and its independency
- Justice Arun Mishra’s public praise of the Prime Minister at a public
forum raises serious questions about the independence of the judiciary.
- 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.
- 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.”
- 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.
Q.1) With reference to the women in armed forces, consider the following
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
Q.1) An effective judiciary should be independent as well as accountable.
Critically examine the statement.