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Legal Regime on Prevention of Corruption in Judiciary


Neeraj Tiwari


Indian Law Institute, New Delhi; HIDAYATULLAH NATIONAL LAW UNIVERSITY

October 22, 2009


Abstract:     
Judiciary is one of the three pillars having co-existence with legislature and executive. Judiciary in some way at a higher pedestal amongst these three organs because it is the only mechanism to keep the executive and legislature within their jurisdictions by confining them not to abuse or misuse their powers. It controls, corrects or quashes the executive, however high it is, and even sets aside acts of the legislature if it acts contra-constitutionally. Judiciary is the guardian and final interpreter of the Constitution. It is a place of utmost trust as it is last resort for the people. But what would be recourse if the judges themselves involve in corrupt practices. Then the only question that arises is ‘who will judge the judges?‘ The demand of the society for honesty in a judge is exacting and absolute. The standards of judicial behaviour, both on and off the Bench, are normally extremely high. For a Judge to deviate from such standards of honesty and impartiality is to betray the trust reposed on him. No excuse or no legal relativity can excuse such betrayal. From the standpoint of justice the size of the bribe or scope of corruption cannot be the scale for measuring a judge's dishonour. A single dishonest judge not only dishonours himself and disgraces his office but also jeopardizes the integrity of the entire judicial system. The public loses respect for the judiciary if there is one corrupt judge who can discredit the high institution. Recent scandals related to judicial corruption demand an intense scrutiny of laws dealing in the field of corruption in India.

This paper proposes to discuss issues relating to corruption in Indian judiciary in the light of the land mark judgment of the Supreme Court of India in the case of K.Veeraswami v. Union of India, (1991) 3 SCC 655 and also throw light upon recent episodes related to judicial corruption. This paper will also check the efficiency of legislative framework enacted/proposed to be enacted to deal with the evils of corruption in judiciary.

Number of Pages in PDF File: 20

Keywords: India, Judiciary, Corruption, Prevention of Corruption Act, 1988

JEL Classification: K10, K19

working papers series





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Date posted: October 23, 2009  

Suggested Citation

Tiwari, Neeraj, Legal Regime on Prevention of Corruption in Judiciary (October 22, 2009). Available at SSRN: http://ssrn.com/abstract=1492822 or http://dx.doi.org/10.2139/ssrn.1492822

Contact Information

Neeraj Tiwari (Contact Author)
Indian Law Institute, New Delhi ( email )
Bhagwandas Road
New Delhi, Delhi 110001
India
+919313657925 (Phone)
HIDAYATULLAH NATIONAL LAW UNIVERSITY ( email )
Civil Line, Beside Raj Bhawan
Near Raj Bhawan
Raipur, Chattisgarh 492001
India
+919770997739 (Phone)
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