“Judges in Politics”, 1 July 2018
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 1 July 2018
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi tackles the controversial trend of judges accepting post-retirement political appointments or Rajya Sabha seats. He argues that the "cooling-off period" is essential to preserve the public’s "appearance of impartiality." The article suggests that the "shadow of politics" over the bench erodes the independence of the judiciary, which is a basic feature of the Constitution. Baxi warns that when the line between the adjudicator and the legislator blurs, the judiciary loses its moral authority to check executive overreach. He advocates for a self-imposed code of conduct to prevent the "political thicket" from swallowing judicial integrity. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository