Weakness Of Judiciary

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Judiciary is symbolized to be the upholder of human rights ensuring ever citizen of its constitutional rights. Right to Constitutional Remedies, a fundamental right, states that every citizen of India can move a court of law in case of denial of its rights. This representation of courts as an institution of justice, free of discrimination and influence, seems to be withering.
The loss of trust is not due to incapability of judges to make right judgments but because of political interference. There exists a nexus between judiciary, executive and legislative, which leads to screwed outcomes, favoring the party. In such cases, private interests compromise social justice.
Indian Constitution gives judiciary a separate status of an independent body having dis-joint workings from executive and legislative. The main motive was to ensure that the judgments are made independent of any external factors …show more content…

Such as, power to hold anyone under “contempt of court” for criticizing judicial system or judge is misused by many judges. Judges use this order to shut out criticisms against them, making it difficult for people to question their judgments. Difficulty in impeachment, transfer, etc. – Another right provided to ensure independent working is catalyzing corruption. It is nearly impossible to impeach a judge because of uncertain procedures laid by the Constitution. The Constitution and the Judges (Inquiry) Act, 1968, sets the procedure. The first step to remove a judge is to prove misbehavior or incapacity of the questioned judge; this has not been defined anywhere in the constitution. After being proven guilty, the motion would be laid in both houses and it would require the majority to pass the motion. Such a long and tedious process of impeachment usually fails because of the involvement of corrupt legislative/executive members. Hence, proving misbehavior is not enough to remove the alleged

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