How is the conduct of judges examined, when and how can they continue? – Allegations on the judge of the High Court of Delhi, Judge Yashwant Varma, how the legal work India NTCPMJ

About 10 days ago, a heavy money was found during an accident in the High Court of Delhi’s judge, Yashwant Verma. The judge says that no money, although questions are raised if there is no rule for the conduct of judges in the country and action on them. Currently, judge Yashwant Verma the case is the subject of an investigation. Even before that, there have been many earthquakes about judges. Even the case reached the dismissal.

There are many rules and procedures to deal with the conduct of judges and a possible corruption to maintain the independence of the judiciary in the country. But to what extent are they effective? And is the property of the judges correctly monitored?

In order to see the moral conduct of the judges, the Supreme Court in 1997 published a code of conduct for the conduct of the judges, which is called the restoration of the values ​​of legal life. It is not a law, which must be followed, but all the judges consider it voluntarily. Under this, judges cannot participate in any political activity. They cannot use their position for their family or friends.

In article 124, paragraph 6, of the Indian Constitution, the Supreme Court and article 219 must take the oath of protection and judge of the Constitution.

The property of the judges can be the subject of an investigation

In 2009, the chief judge of the Supreme Court KG Balakrishnan opposed the proposal to make public the property of judges. Later, the judges decided to announce their assets by themselves, but that was not made compulsory. The property of the judges of the Supreme Court and the High Court are details on the Court’s website but there is no obligation.

If a judge is found taking a bribes or involved in corruption, then the CBI or other agencies can investigate. However, the authorization must be obtained from the Center for Investigation against the Supreme Court and the judges of the High Court, which can make action long or difficult.

When judges can delete

In India, the only way to withdraw the judges from their post-institution. It is possible to remove the high court judge. The deletion process has been made so difficult that judges can operate relaxed while remaining away from pressures. Under article 124, paragraph 4, and article 217 of the Constitution, the process of deleting the judges of the post has been corrected. Although it is a very difficult process, but if the judge is accused of bad behavior or lack of capacity, such a step can be taken.

Who is called bad behavior

There is no direct definition of this. But the Supreme Court has published a directive linked to conduct and morality for judges, which is called Judicial Atics. Many assumptions are made from this. Apart from that, if the judge concerned is surrounded by allegations such as corruption, or if his character seems corrupt, these things also fall into this category. If the high court judges become victims of any disease in which their ability to make decisions, or if it does not have much understanding of the law, this proposal can be provided.

What is the whole process

The proposal for dismissal is introduced into one of the rooms in the Parliament.

On this subject, the support of at least 100 MPS in Lok Sabha or at least 50 MPS in Rajya Sabha should be available. Once the proposal has been produced, a committee of three members is formed, in which there will also be a judge of the Supreme Court.

If the Committee finds the allegations correct, the proposal is presented in the two chambers of Parliament.

The proposal must be adopted by a majority of two thirds.

What action when proven

If the dismissal adopts, the president will issue an order to withdraw the judge concerned from the post. It is a constitutional action. After that, judges cannot take government services. If a criminal case is also included in the indictment, the investigation continues in a normal way.

When the motion of dismissal came

At the beginning of ninety years, the indictment was submitted to allegations of corruption against the Supreme Court judge V Ramaswamy, but it could not be adopted in Lok Sabha.

– This proposal came for money against the judge of the High Court of Kolkata, Soumitra Sen, but he has already resigned.

In 2018, the opposition parties allegedly allegedly allegedly and asked for a request for dismissal on the chief judge of the time, Deepak Mishra, but the president of Rajya Sabha at the time rejected him.

In which the places the judicial system is the most independent

By the way, almost all countries decide that their judiciary can do their job beyond any pressure, but the Nordic countries are at the forefront. There, a common citizen can go to court against all powerful leaders or a great businessman and can also win if he is right. There is neither pressure from power nor the competition from briefs on the judges here. The judiciary of Sweden, Norway, Denmark, Finland and Iceland was often considered the most honest.

In most countries, governments are often accused of affecting the appointment or transfer of judges, but in the Nordic country, all of this is completely at best. No leader or minister of the government can intervene in the appointment of judges. There is a judicial appointment committee, whose work is to see.

If the judges here speak of their property by themselves, there will be no investigation. At the same time, in these countries, judges must make their property public every year. Even after that, if a judge seems rich in a suspicious way, then the investigation begins immediately. For this, it is not necessary to wait to obtain permission from the center. This is the reason why more than 90% of the citizens of Norway, Denmark and Sweden consider that their judiciary is reliable.