Should Judges behave like feudal Lords? Most build their own sinister halos around to keep the litigants and lawyers in awe.
2007-09-20 18:53:49 · 8 answers · asked by Nimit 2 in Politics & Government ➔ Law & Ethics
While I have known some (now former judges) to act inappropriately, that situation is appropriately resolved by appeals and complaints to disciplinary bodies. Judges are not above scrutiny through proper channels.
Contempt for the most part does not need further definition. It falls into two categories. The first form is being rude and disruptive in court. Even if the Judge is rude first, there is no reason for a party or an attorney to respond in kind. The judge's rudeness is a matter of record and will give you potential grounds for appeal and could result in the judge being removed from the bench.
The second form is refusing to obey a valid order of a court. Again, there is a proper procedure for staying the effective date of an order and appealing the order to a higher court.
Good attorneys know which judges deserve respect and which judges need to avoided. When stuck with an out-of-control judge, they know how to carefully build a record for review by a higher court.
2007-09-20 19:03:31 · answer #1 · answered by Tmess2 7 · 2⤊ 0⤋
It is all because of the home-made alien english laws. No common Indian can approach a court of law without the help of a lawyer; reservation has prevented genetically honest persons from entering legal world; earlier, lawyers used to do what now some judges may be doing; so, everyone should self-scrutinise and self-assess; re-defining anything will be a continuous process and will make us suffer more.
2007-09-21 17:30:22 · answer #2 · answered by viswamvishnu 3 · 0⤊ 0⤋
In India, High Court and Supreme Court Judges posses lot of protection, since they are supposed to interpret constitution and adjudicate disputes against state instrumentalities and decide election disputes of MLA and MP.
Also they have to supervise subordinate judiciary and tribunals as well as all quasi judicial Authorities.
Hence the constitutional Judges are invested with unquestioned powers in order to act with out any fear.
Some sort of accountability must be there to curb arbitrariness among the Judges.
2007-09-28 01:23:50 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In India the answer of first part of your question is yes. see what happend to justice Ramaswamy's related amtter about 10 years ago. Indian judges make a big mafia system. Justice Y.V . Chanrdachud, Justice Venkatachalaiah & Justice A.S.Anand made mockery of the system as a whole. A builder in India knows very well how favourable justice is BOUGHT from lower cout to Supreme Court of India. I've no suggestion to other part of the question, sorry.
2007-09-20 19:14:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Some judges act this way. The good news is that most judges are elected officials which can be ousted in this manner should the power go to their heads. They can also be impeached for misconduct, or ousted by losing their law license by the BAR.
Judges are not above reproach. They are merely civil servants.
2007-09-20 19:02:23 · answer #5 · answered by Wazoo 2 · 0⤊ 0⤋
there is an board/dept that are above the judges if you have a complaint regarding violation of rights or procedures in the law. Their called the Judicial Counsel.
2007-09-25 21:31:09 · answer #6 · answered by rgf1665 1 · 0⤊ 0⤋
There is something called an amendment, so if you don't like the court's interpretation of the constitution, change the constitution.
People sometimes forget that.
2007-09-20 19:00:12 · answer #7 · answered by Composer 4 · 0⤊ 1⤋
yes
2007-09-20 19:35:41 · answer #8 · answered by Rana 7 · 0⤊ 0⤋