Indian Judicial System- Unique on this globe

The privileges given to the judiciary executives in India was questioned under the shadow of rule of law. No process of police action can be carried out on President and chief justice of supreme court even they are charged with some serious offense. The only option left is impeachment which is done by the simple majority of people's representative in parliament. The privileged has been extended to the judges of high courts and the supreme court. In their case, constitution has not given security cover as Chief justice is mandated. But the chief justice of supreme court of India provide guidelines for executive action over judges. Police has to first appeal to the CJI and has to apply and has to wait his opinion. Basically his opinion is not opinion but that has to be followed.

The section 361 which provides this privilege was attempted to modify by extending this privilege to the Prime Minister, but it was failed. In 1976, chief justice of Punjab high court was charged for possessing property beyond his sources of income. But no action was taken. He retired next year. But the issue was raised again and matter went into parliament where he came out safe as majority of legislatures supported him.

Currently many cases of corruption in judicial system has been exposed. The Prime Minister has mentioned this fact repetitively on various occasions. He iterated that corruption in executives and judiciary systems has deterred the progress of the country and government and judicial system are loosing faith of people in them.

Why suddenly all these debates have started? Why had daily papers been filled with news criticizing Indian judicial system for the past two months?

Neeraj Kumar, justice in Kolkata high court has deposited 30 Lakh in his own account and didn't returned the money. The issue was raised to such an extent that the Chief justice has to pass his opinion for his resignation for saving the sanctity of the judicial system. He had returned all the money and declined to resign defending himself proving not doing any thing wrong. Finally CBI investigation has been done to go into the matter.

On the other side, a cheque of 15 lakh was mistakenly given to the Nirmal Kaur, Justice of Punjab. She immediately informed the matter to the concerned authority. The similar case has come in light where a merchant had illegally sent a cheque of 15 lakh to a justice of Allahabad Court. Under the turmoil and political interference, CBI investigation has been allowed in both the above cases.

I hardly remember the date of publication, The Indian Express published article about the faulty method of appointment of judges in the court. After filing an RTI suit over this matter, it was revealed that many judges has no formal degrees to occupy the post of sanctity.

These all events has questioned the validity of current laws. Government has to make more transparent system for stopping the propping judicial corruption while taking care of a liitle hold of politician over judicial system as the judicial system must be independent from the executive system.