The book chapter examines relevant constitutional and legislative frameworks on judicial discipline at the subordinate court level and the level of the constitutional courts.
Author
Tony George Puthucherril, Professor, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
This paper provides insights into the conceptual and legal foundations of the judicial disciplinary process in India. It examines relevant constitutional and legislative frameworks on judicial discipline at the subordinate court level and the level of the constitutional courts.
It also examines the ethical codes for judicial self-discipline, and the in-house mechanism created by India’s Supreme Court to give it effect.
The chapter provides an overview of the workings of the system, including the controversy over utilizing contempt powers to discipline judges.
Finally, the paper highlights the limitations of the disciplinary procedures and forwards suggestions on how to bell the cat.
Published in: Disciplining Judges: Contemporary Challenges and Controversies, Pages 155 – 178.
To read the full chapter, please click here.
