To Bring Judicial Standards and Accountability Bill for removing “UNCLE JUDGE” Syndrome

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In Indian Judiciary, it has reported that there are instances of advocates with father-judges, uncle-judges and "brother"-judges. Such advocates can charge unreasonably large amounts in fees and are much sought after by rich clients, or those who are willing to pay large amounts to procure favourable orders.

Essentially, favouring a lawyer because of his familial relationship with a brother-judge is a criminal activity; it murders the confidence of the common Indian citizenry in the judiciary, and it distorts the entire judicial machinery by creating wrong case laws. It does great injustice to litigants and defendants who cannot afford to engage a judge’s relative.

Because lawyer without uncle-judges gets a raw deal, as the merits of their cases are overlooked. Advocates who are not blessed with uncle-judges have no option but to keep quiet. Dissenting may earn them the wrath of the court and prejudiced treatment by the judges, even if not outright prosecution for Contempt of Court ( Source : https://www.saddahaq.com/uncle-judges-of-indian-judiciary )

Further, The Law Commission of India in their 230th Report has mentioned the matter of appointment of ‘Uncle Judges’ in the High Courts, wherein it is said that the Judges, whose kith and kin are practicing in a High Court, should not be appointed in the same High Court.

 

Thus, under the Constitutional Provision, Chief Justice can recommend judges from the Bar to be appointed as the judge of the High Court. In this situation, kith and kin of those appointed as judges and practicing in the High Court is likely. With a view to correct the situation, judicial standards are being prescribed for the judges in the Judicial Standards and Accountability Bill, 2012 which has been passed by Lok Sabha already. ( Source: Press Information Bureau Government of India, Ministry of Law & Justice 22-November-2012 18:08 IST)

The Department of Justice said this in response to a query under the Right to Information Act (RTI) seeking to know the current status of the Bill.

The reply stated that the original Bill “was passed by Lok Sabha on 29.03.2012 but the Bill could not be taken up for discussion in the Rajya Sabha as Parliament was adjourned”.

Subsequently, “however, the Bill could not be considered and lapsed due to dissolution of the 15th Lok Sabha”, the department said, adding, “at present there is no proposal to bring a fresh Bill”  ( Source Indian Express Published: July 23, 2018 12:33:20 am)

Thus Proposed law went into cold storage and to restore the faith of the Public and Litigants in Indian Judiciary and legal system, such legislation is required



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