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Rise of Defiant Judges- Failure of the Collegium System?

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  • Did Karnan file an FIR or a complaint with proper evidence to proper authorities against the 20 judges he alleged to be corrupt in his letter to PM (the letter to PM had no evidence attached)?
    Or did he try to transcend the "due process" by issuing NBW directly?
    He did neither,
    He just a wrote a letter to the PM alleging things without any evidence.

    This may throw some light for you.
    http://indiatoday.intoday.in/story/justice-cs-karnan-calcutta-high-court-supreme-court/1/943019.html
    Then why are essays being written on failure of collegium or the judicial hierarchy? There is a well established procedure to remove him from office which falls within the purview of legislature. It is the failure of legislature, if nothing else.
  • Did Karnan file an FIR or a complaint with proper evidence to proper authorities against the 20 judges he alleged to be corrupt in his letter to PM (the letter to PM had no evidence attached)?
    Or did he try to transcend the "due process" by issuing NBW directly?
    He did neither,
    He just a wrote a letter to the PM alleging things without any evidence.

    This may throw some light for you.
    http://indiatoday.intoday.in/story/justice-cs-karnan-calcutta-high-court-supreme-court/1/943019.html
    Then why are essays being written on failure of collegium or the judicial hierarchy? There is a well established procedure to remove him from office which falls within the purview of legislature. It is the failure of legislature, if nothing else.
    +1.
  • Did Karnan file an FIR or a complaint with proper evidence to proper authorities against the 20 judges he alleged to be corrupt in his letter to PM (the letter to PM had no evidence attached)?
    Or did he try to transcend the "due process" by issuing NBW directly?
    He did neither,
    He just a wrote a letter to the PM alleging things without any evidence.

    This may throw some light for you.
    http://indiatoday.intoday.in/story/justice-cs-karnan-calcutta-high-court-supreme-court/1/943019.html
    Then why are essays being written on failure of collegium or the judicial hierarchy? There is a well established procedure to remove him from office which falls within the purview of legislature. It is the failure of legislature, if nothing else.
    nope. It is not that easy. Politics would play a big role here.CItizens should not pay for such actions of the judiciary.
  • I agree with Ser Jaime.
    A judge has gone rogue. Ask Parliament to impeach him. Done and dusted.
    That the parliament will not do it in order not to antagonize the Dalit constituency is indeed a failure on the part of the legislature.
  • edited May 2017
    Did Karnan file an FIR or a complaint with proper evidence to proper authorities against the 20 judges he alleged to be corrupt in his letter to PM (the letter to PM had no evidence attached)?
    Or did he try to transcend the "due process" by issuing NBW directly?
    He did neither,
    He just a wrote a letter to the PM alleging things without any evidence.

    This may throw some light for you.
    http://indiatoday.intoday.in/story/justice-cs-karnan-calcutta-high-court-supreme-court/1/943019.html
    Then why are essays being written on failure of collegium or the judicial hierarchy? There is a well established procedure to remove him from office which falls within the purview of legislature. It is the failure of legislature, if nothing else.
    Exactly what I said in my first comment here about legislature. :joy:

    And they attorney general suggested not to initiate impeachment because it's a time consuming process and he has only a month in office. :trollface:

    The issue of heirarchy comes into picture because it is this super power which gave mr karnan the authority to do what he did. If there was a clear heirarchy, this situation wouldn't have arised at all. :mrgreen:
  • The point is, how can the judiciary (collegium) appoint such persons in the first place?? Too much independence breeds arrogance.

    And if the collegium has the powers to appoint, they should have the powers to impeach too. Why should politics come at play here?
  • Did Karnan file an FIR or a complaint with proper evidence to proper authorities against the 20 judges he alleged to be corrupt in his letter to PM (the letter to PM had no evidence attached)?
    Or did he try to transcend the "due process" by issuing NBW directly?
    He did neither,
    He just a wrote a letter to the PM alleging things without any evidence.

    This may throw some light for you.
    http://indiatoday.intoday.in/story/justice-cs-karnan-calcutta-high-court-supreme-court/1/943019.html
    Then why are essays being written on failure of collegium or the judicial hierarchy? There is a well established procedure to remove him from office which falls within the purview of legislature. It is the failure of legislature, if nothing else.
    nope. It is not that easy. Politics would play a big role here.CItizens should not pay for such actions of the judiciary.
    Elaborate please.
  • The point is, how can the judiciary (collegium) appoint such persons in the first place?? Too much independence breeds arrogance.

    And if the collegium has the powers to appoint, they should have the powers to impeach too. Why should politics come at play here?
    Because then there would be allegations of abuse of power and favouritism etc.
    Ever heard of checks and balances? :P

    Executive appoints judiciary, legislature removes it. The former has been marred by the judiciary's twisted interpretation of the constitution.
  • The point is, how can the judiciary (collegium) appoint such persons in the first place?? Too much independence breeds arrogance.

    And if the collegium has the powers to appoint, they should have the powers to impeach too. Why should politics come at play here?
    Bhai.. how can you tell someone is going to behave in a certain way when you appoint someone?
    Unless you are an astrologer :tongue:

    Regarding collegium and removal powers. Let's leave that debate for some other day cuz it won't be a fruitful one. :sweat_smile:
  • My point being, collegium seems like some elite club of the "big boys" of Indian Constitution. Plus, this system is not free of errors, and there was no provision of the collegium system in the original document of the constitution. The people at large SHOULD have some say in the appointment of judges, as is the case of USA where district judges are directly elected.

    Now the SC has article 142 at its disposal, where it can very well reverse decisions of a democratically elected government.

    Now the point is, just to maintain the independence of the judiciary, barricading it from all forms of checks is a bit absurd IMO.

    getting 2/3rd majority in both houses of the parliament is extremely difficult (under normal circumstances). THis virtually means the errant judge can do whatever he/she wants
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