Chapter

The Judiciary in Decline: The System's Prestige at its Lowest Since Inception<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0068
The Judiciary in Decline: The System's Prestige at its Lowest Since Inception1

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This chapter discusses the reasons for the decline in the prestige of the judiciary since the introduction of the present system of judicial administration by the British. One of the big factors contributing to this decline is the process of appointing the judges. It gives the example of Mr. K. N. Srivastava's appointment as a judge of the Guwahati High Court, which was challenged by Mr. Padma Prasad on the grounds that Srivastava not only lacked the required qualifications but had also been charged with misusing public funds. The chapter also examines the provision of mandatory 'consultation', with the chief justice of India and, optionally, with such judges of the Supreme Court and the high courts as the president may deem necessary for the purpose. Unfortunately, this check has not acted as sufficient safeguard. The chapter ends by looking at the Constitution Sixty-seventh Amendment Bill introduced in Parliament on 18 May 1990 by Mr Dinesh Goswami. The bill sought to establish a National Judicial Commission and to curb the power of transferring high court judges.

Keywords: judicial administration; Padma Prasad; K.N. Srivastava; Guwahati High Court; Dinesh Goswami; Sixty-seventh Amendment Bill; high court judges

Chapter.  1376 words. 

Subjects: Constitutional and Administrative Law

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