ABSTRACT

CORRUPTION IN JUDICIARY: A BRIEF STUDY

Anirudha.J
BA0130008

INTRODUCTION:
Judiciary is one of the three pillars having co-existence with legislature and
executive. Judiciary in some way at a higher pedestal amongst these three organs because it is the
only mechanism to keep the executive and legislature within their jurisdictions by confining them
not to abuse or misuse their powers. It controls, corrects or quashes the executive, however high it
is, and even sets aside acts of the legislature if it acts contra-constitutionally. Judiciary is the
guardian and final interpreter of the Constitution. It is a place of utmost trust as it is last resort for
the people. But what would be recourse if the judges themselves involve incorrupt practices. Then
the only question that arises is ‘who will judge the judges. The demand of the society for
honesty in a judge is exacting and absolute. The standards of judicial behaviour, both on and off the
Bench, are normally extremely high. For a Judge to deviate from such standards of honesty and
impartiality is to betray the trust reposed on him. No excuse or no legal relativity can excuse such
betrayal. From the standpoint of justice the size of the bribe or scope of corruption cannot be the
scale for measuring a judge's dishonour. A single dishonest judge not only dishonours himself and
disgraces his office but also jeopardizes the integrity of the entire judicial system. The public loses
respect for the judiciary if there is one corrupt judge who can discredit the high institution. Recent
scandals related to judicial corruption demand an intense scrutiny of laws dealing in the field
of corruption in India. 

The mode and procedure of appointment of judges to the higher Judiciary has always been a
vehemently debated topic in India. Public has time and again showed dissatisfaction, both during the
phase when the executive had, and now when the judiciary has the final say in appointments. While
the former phase saw the judiciary satisfying personal whims of the executive, the latter phase is
characterized by vacancies and lack of accountability. The root cause behind this confusion has
always been the ever existing supremacy tussle between the executive and the judiciary. It’s high
time now that such a tussle should be brought to an end

Keywords: India, Judiciary, Corruption, Prevention of Corruption Act, 1988, appointment of

judges, judiciary, national judicial commission
RESEARCH QUESTIONS:
1. Whether the Prevention of Corruption laws are applicable on judiciary and the
interpretation given by judiciary to these laws. ?
2. What are the constitutional and statutory provisions which give immunity to judges.?
3. Whether the Legislature has taken any efforts for plugging the flow of corruption in
judiciary. ?
4. Whether the existing prevention of corruption law is sufficient to curb this abuse in
judiciary or a fresh legislation is needed. ?

RESEARCH METHODOLOGY:
The methodology adopted in this paper is purely Doctrinal which is based on various and
important cases and Reports, it is also based on various articles by eminent Jurists and their
take on Corruption in Judiciary and amongst Judges.