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:-
“JUDGE
IN POLITICS
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
Bombay.”
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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