Wednesday 19 August 2020



It was a situation when a sitting Judge of a High Court in 1986 resigned and immediately filed nomination paper for an election. Then I had written in the Times of India (published on Friday July 4, 1986, page 8 – see the paper cut attached) under the caption ‘Judge in Politics' narrating the bad effect on Judiciary as a whole and a remedy to it as follows:-


            It has become routine for some of the judges, right from the Supreme Court downwards to enter politics, after resigning from the post. I can understand if they are resigning and filing nomination papers as independent candidates. But the things are not so. They are becoming direct nominees of the ruling party, at a time when some of the leading personalities are denied ticket.

            This clearly means that a supreme high court judge, negotiated with a political party in power. One cannot imagine that without such negotiation, one fine morning he has declared as an official candidate.

            What would be the fate of a case in which he is called upon to decide, where the political organisation (with which he is negotiating) is a party?

            I suggest that those who have some respect for the judiciary of its impartiality and independence, should come out openly against this evil and get the Constitution amended so as to prohibit judges entering politics directly and immediately, after ceasing to be on bench of the Supreme Court or high court, for a specified period and make it punishable as a contempt of the court.   

                                                                                    M. P. JOSEPH



THIS ISSUE IS EVERGREEN. But people should be aware of these kinds of lacunae in the Constitution of India and some people are taking advantage of it. Therefore, it is the need of the hour to get it remedied. 

I had already dealt with the general practices of fraudulent practices prevailing in the various establishments of the Government of India in my biographical book part-1., 'A FRAUD IN THE INDIAN CONSTITUTION'. 

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