The Constitutional Void On Judges Obtaining Political Affiliations: An Absymal Tradition
- IJLLR Journal
- Jun 12
- 1 min read
Siddhant Bajpayee, LL.M., RMLNLU
ABSTRACT
In India, Judicial Integrity is, mainly considered to be restricted to the issues of legal ethics and legal malpractices. This often leads to the oblivion about understanding the concepts of ‘judicial accountability’ and ‘judicial independence’, the two facets of the same coin. It is unfortunate that, till the date there is a brevity of identified justifiable standard of judicial conduct which a member of judiciary must adhere. It is a paradox of the system that even after more than seventy years have passed there has never been any permanent or temporary solution with apposite enforceability that fosters a sense of accountability in the aberrant judges for their deviant acts and malpractices with serious ramifications. A trend which is although not obsolete, but had not addressed for a substantial period of time in judicial history, has again revived in the judicial realm by few recent instances, i.e., “Judges joining Politics”. This concept is pernicious and blundering, in its very essence, as it not only castigates the basic principle of any democratic nation, i.e., “Separation of Power”, but also deteriorates the faith and confidence of general public in the Judicial System. This study aims to, firstly understand the concepts that lie behind the situation in hand; secondly, it attempts to find out the factors that are exacerbating the same; and thirdly, it tries to figure out the ways of its attenuation.
