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Are existing mechanisms effective in combating judicial corruption?

11Apr

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Opinion

Are existing mechanisms effective in combating judicial corruption?

Last month, unaccounted cash was reportedly recovered from the official residence of former Delhi High Court judge, Justice Yashwant Varma. In response, Chief Justice of India Sanjiv Khanna initiated an in-house inquiry into the matter. Justice Varma has since been repatriated to his parent High Court in Allahabad and will not be assigned any judicial work until the Supreme Court-mandated inquiry is completed. Are existing mechanisms effective in combating judicial corruption? Sanjay Hegde and Alok Prasanna Kumar discuss the question in a conversation moderated by Aaratrika Bhaumik. Edited excerpts: Is impeachment an effective mechanism for judicial accountability, given its reliance on political consensus?Sanjay Hegde: Far from being a mechanism for accountability, the process of...

‘This is absolute breakdown of rule of law’: Supreme Court slams UP Police for converting civil cases into criminal offences

The Supreme Court Monday pulled up the Uttar Pradesh Police for filing criminal charges in what it said was primarily a civil dispute for allegedly not returning Rs 25 lakh borrowed from a person. The apex court was hearing an appeal challenging the Allahabad High Court decision dismissing the plea to quash FIR against petitioners Debu Singh and Deepak Singh facing charges of criminal breach of trust, criminal intimidation, and criminal conspiracy. “This is wrong what is happening in UP. Every day in and day out, civil matters are being converted into criminal… This is an absolute breakdown of the rule of law,” Chief Justice of India Sanjiv Khanna presiding over a three-judge bench said. Story continues below this ad The bench, also comprising Justices Sanjay Kumar and K V...

An opportunity to advance substantive equality in child marriage laws

Children hold placards during an awareness campaign against child marriage in Bikaner, Rajasthan. File | Photo Credit: PTI In Sanjay Chaudhary v. Guddan (2024), the Allahabad High Court annulled the marriage of a couple, who got married when the man was 12 and the woman was nine, under the Prohibition of Child Marriage Act (PCMA), 2006. While the man had filed a petition for divorce when he was 20 years, 10 months and 28 days old, he later amended his plea for nullification of the marriage under Section 3 of the PCMA. This allows any party who got married as a child to seek annulment of the marriage as long as the petition is filed within two years of attaining majority.Artificial differentiation While ‘ch...