The Bar and the Bench<sup>1</sup>

A.G. Noorani


Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI:
The Bar and the Bench1

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This chapter examines the suspension of five distinguished lawyers by the Supreme Court Bar Association on the grounds of making 'irresponsible' allegations against Justice Madan Mohan Punchhi in a confidential representation to the president, the chief justice of India, and the prime minister. The lawyers were members and office bearers of the Committee on Judicial Accountability. The chapter notes the breakdown of the constitutional mechanism, after the Inquiry Committee found Justice V. Ramaswamy guilty of some of the charges. It suggests that abstention is considered a betrayal of the constitutional mandate and that the Lok Sabha acted in a quasi-judicial capacity in impeachment proceedings. In addition, the discussion considers investigation process after a motion of impeachment, the law of contempt, suspecting a judge, and the silent role of the Bar Associations.

Keywords: Supreme Court Bar Association; Justice Madan Mohan Punchhi; Committee on Judicial Accountability; abstention; Lok Sabha; impeachment; contempt; Bar Associations; Justice V. Ramaswamy

Chapter.  3411 words. 

Subjects: Constitutional and Administrative Law

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