How and Why of the PEER PRESSURE system which is evolved to punish erring Supreme Court and High Court Judges #India #Judiciary

The Makers of Constitution wanted that High Court Judges and Supreme Court Judges 

should have the freedoms to decide cases fearlessly, without fears of any
Superior authority.

In fact they wanted to insulate each Judge in
such a way that even Chief Justice of India cannot ask any judge
of Supreme Court or High Court to give judgement in any particular
way.

So they said, only Parliament can remove a High Court or
Supreme Court Judge.

Judges then began to judge fearlessly.

Then it was noticed that some High Court Judges were found
to be giving undue favours for undue reasons. The question marks
came up against integrity of some judges.

Then concept of Transferring one
High Court Judge to other High Court came up. Some judges were

Transferred

It worked for some time.

Again after some time it was noticed that some erring
judges refuse to be corrected even after transfer.

They were adamant.

Then a concept came, where Chief Justice of High Court
will withdraw all cases from such judge.

He will be paid salary,
but will not be assigned any cases to decide.
This was public humiliation of that judge.

It worked for some time.

Then after some years, it was found that it was a must and necessary
to impeach and remove some judges.

Merely not giving cases to him was not enough. So concept
of Judge's Inquiry and reference to Parliament to impeach
etc came.

But then again, all remedies look inadequate.

Some remedies suggested were worse than the problem.


If you constitute a body of 10 people to inquire against any Judge
of SC or HC, then each of these 10 person will be in position
to dictate terms or influence judgements of
All Judges of High Court and Supreme Court.

Each of the 10 person will be in position to demand any favour
from any judges of any High Court or Supreme Court.
The remedy is worse than problem itself.


This does not look a good idea.

Then a concept of PEER PRESSURE came.

If a High Court Judge or Supreme Court Judge is found to
have committed some wrong, the Chief Justice will constitute
a Committee of Three Judges to hold some PEER PRESSURE
AND FACT ASCERTAINING COMMITTEE.

Then action against that Judge steps will be taken by Chief Justice
against that judge.

These steps may also directing CBI or other
authorities to initiate appropriate proceedings against the Judge.

There are many other steps which they can take against the
erring Judge.

But all need not be spelled out here.

This is how our system works at present.

Probably this is the best possible method in my view. If we want to have

Independant Judiciary, peer pressure is the best remedy.

Haresh Raichura
22/11/13