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Inaugurating the Conference of Chief
Ministers and Chief Justices, Prime
Minister Manmohan Singh said,
“Corruption is a burning issue in all
spheres of public life.” He called
upon the Judiciary, probably the least
corrupt section of the Indian
democracy, to be on guard as
“instances of corruption have begun to
surface in our judicial system too.”
He called on the “higher judiciary” to
“address this challenge and show the
way forward to the rest of the system”
He emphasized that the judiciary is
“committed to continue cleansing
itself by coming down with a heavy
hand on unscrupulous elements that may
exist within and also by removing dead
wood.” He insisted that India has
adopted a policy of “zero tolerance”
on corrupt judges. So far, the Supreme
Court (SC) has seen only one case of
corruption allegation which lower
courts even at the High Court level
has seen many. Most recently, Justice
Banerjee of the West Bengal High Court
has been found guilty of unduly
influencing the political system to
get him land, house, and other
ancillary benefits. Banerjee had also
influenced politicians to get a lower
court order overturned so he can
continue to live in the free house
provided by the state. West Bengal,
which has been ruled by the Communists
for that last 30 years, has one of the
highest levels of corruption including
significant electoral fraud. The
collusion of politicians and
administration is reportedly high and
this is the first instance of
judiciary being part of the corruption
racket. The Parliament is now
discussing a new law that would make
the judiciary accountable. In the last
few months, the Parliament, under the
leadership of Speaker Somnath
Chatterjee, and the Judiciary have
been at odds over several
Constitutional issues leading to
bitter debate and discussion on media.
There is increasing irritation in the
Legislative Branch that “judicial
activism” is curbing the functioning
style and form of the Government. The
proposed Legislation is seen by some
as a move by the Legislative to gain
dominance over the Judiciary. It is
ironic that the Parliament with
elected politicians with criminal and
espionage histories and pending cases
should create a law that should make
the Judiciary accountable.
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