The Big Picture - SC, Judge and CBI

[@shashiketan]

*73: PROSECUTION OF CORRUPTION & INDEPENDENCE IN JUDICIARY* - Chief Justice of India Ranjan Gogoi has allowed the CBI to file a corruption case against Justice SN Shukla who is a sitting judge of the Lucknow Bench of Allahabad High Court. - First of its kind decision in 28 years. - Allegations that he had made handwritten changes in his own bench's order, days after the Supreme Court barred the High Court from allowing the Lucknow-based GCRG Institute of Medical Science to admit students for the 2017-18 session. - DEBATE: Investigative agencies can register a case against sitting Judge? IMPORTANT CASES CONCERNING THE MOVE: Justice Veeraswamy Case, 1991: - No criminal case shall be registered under Section 154 of the Criminal Procedure Code (an FIR) against a judge of the High Court, Chief Justice of the High Court or a judge of the Supreme Court unless the government first “consults” the Chief Justice of India where consultation is imperative. - Case specifically dealt with the Prevention of Corruption Act in judiciary, but the majority judgment had extended its ambit to any criminal case - TO PROTECT THE INDEPENDENCE OF JUDICIARY The Delhi Judicial Service Association versus State of Gujarat judgment of the SC - the product of the notorious treatment meted out to the Chief Judicial Magistrate by a few Gujarat police officials. - the court held that a judicial officer should be arrested for any offence under intimation to the District Judge or the High Court Justice Karnan Case: His arrest was ordered after he was arrested in a CONTEMPT OF COURT by the SC. Awarded a six month sentence. - He alleged that 20 sitting and retired Supreme Court and High court judges are corrupt. Judges (Protection) Act of 1985: Section 3 - Protects judges and former judges of the SC and the HC from “any civil or criminal proceedings” for any act, thing or word committed, done or spoken by him in the course of their judicial duty - Government can initiate criminal proceedings under sub section (2) of Section 3 if it can produce material evidence to show that a judgment was passed after taking a bribe. Removal process of Judge as in Constitution: Article 124(4) -> Judges inquiry Act, 1968. - Motion signed by LS (100 members) or RS (50 members) to speaker or Chairman. - 3 member committee to investigate the charges: CJI, Chief justice of HC, Eminent Jurist. - If found guilty, motion needs to be passed by Special majority in both the houses. Balance between PROSECUTION OF CORRUPTION & INDEPENDENCE in judiciary - Removal process is cumbersome - no judge ever been impeached. Removal of judge becomes a political decision. . Justice Ramasawamy: congress walked out - motion could not be carried. Soumitra Sen, Dinakaran - resigned. - Removal process is a constitutional disciplinary action but it does not have provision of punishment. Criminal prosecution for punishment. - Dichotomy exists if a Judge is convicted but could not be removed due to political process. Can they function as judge after? - Law should work as deterrent for everyone. - Such cases represent bad cases of appointment: COLLEGIUM SYSTEM SC struck down the NJAC Act, 2014. - Appointment & removal both with Judiciary hence element of bias cannot be ignored. Parliament should be supreme body for any action - power with representatives. - Pocket Veto: President can keep the decision pending, no time limit. If Collegium resends an appointment decision this power can be used.

[@ankitapati1107]

hey.Why aren't you giving us such gist of rajyasabha videos anymore.We found them really helpful :-(

[@shashiketan]

@@ankitapati1107 Its there, you just have to find it .

[@rathinavelumani789]

Well consolidated..

[@vivekjoshi1631]

Thanks boss

[@arjunpanditmishra7735]

Vishal Dahiya sir plays the role of an additional panelist along with his primary role of an anchor. 😂

[@anchalsingh6205]

Arjun Pandit 😂

[@suvarnakusugal7416]

So much to learn from this discussion.. Thank you R S TV

[@vishwasdeshmukh3999]

Please add subtitles to your videos , it would be more helpful and easier to follow.

[@mane_pravin]

I think no one can counter Mr. Satya Prakash.... Another such personality is Mr. J Sai Deepak

[@niteshkumarmanjhi5474]

Respected Satya Prakash is ultimate...

[@vijaykumaryadav6284]

No one can beat Satya in his legal acumens. I come only here for mr. Satya Parkash. I always learn new things when Satya and Sai Deepak are in the discussion panel. I request rstv to bring both of them when the subject is related to legal field.

[@scorhigh7752]

SC, Judge and CBI Before 1991 there was no bar on police or the CBI for registering any case against any judge. In the Veeraswamy case, the SC ruled that in case the police wants to register a case against a sitting judge (HC/SC) they have to seek permission from CGI. And in case of CGI himself, the government has to consult the SC judges. Whether any investigating agency can register a case against a sitting judge or not? If this would have been the case then the independence of the judiciary would have got hampered. There was a proper procedure put in place in 1991. After a gap of 28 years, a case has been registered. Delhi Judicial Officers vs State of Gujarat case The first case of corruption against a sitting judge. Significance: Detailed scrutiny. There are checks and balances. Significant to curb corruption in the judiciary and an important message to both higher and the lower judiciary. Also maintains the independence of the judiciary. Criticism: The judges' removal process is an elaborate one and only for the removal of judges and not for punishment in the case of corruption- Judges Enquiry Act, 1968 Judges Protection Act of 1985, which also gives power to the central and state government and the SC to take appropriate action. These provisions were still not utilized. Protection gave in Section 77 of IPC, that they are immune for any judicial act done in good faith. But this is not in good faith. Removal of the judges is a political process. If a criminal prosecution is allowed and the judge is prosecuted in this case can a person continue to be a judge of HC? Lead to Lobbying. Appointment system- the sole power is with the judges. Way forward: Less cumbersome process for removal of a corrupt judge and thus maintaining the independence of the judiciary. Act of punishment is the case of corruption should be an addition. Amend Judges Enquiry Act, 1968. Law should act a deterrent so that future crimes do not take place. The fault lies in the collegium system for the judges' appointment and this should be amended. Checks and balances should be there. Strengthen the judiciary and its independence Parliament should have a final say in the matter.

[@allley11]

Good

[@vamsikrishna363]

We want Frank....😠

[@integrity2679]

Yes he talks frankly😊

[@shreyajaiswal2374]

He is hosting India's World. I started watching that show lately coz Frank's hosting it.

[@integrity2679]

@@shreyajaiswal2374 will he not come on big picture ??😯

[@govindkrishnan]

Why can't the new 'Lokpal' take up such cases? #Doubt #IAS_Aspirant #Class_12

[@preetiyadav7387]

Judiciary is not under purview of Lokpal.

[@govindkrishnan]

@@preetiyadav7387 Thanks for clarifying

[@anupamsharma1]

Satya sir you can easily become a fine lawyer . Your understanding of law is amazing.

[@rahulgautam3275]

He used to teach us in IIMC ,and I took his interview 😊he is such an amazing guy in real.

[@arkasen927]

@@rahulgautam3275 IIM C mens calcutta?

[@khushbooyadav2624]

Right 👍

[@rahulgautam3275]

@@arkasen927 IIMC (Indian Institute of Mass Communication) Delhi

[@arkasen927]

@@rahulgautam3275 ohh.

[@bharatiya-akp]

Judiciary in India is completely opaque... Transparency is the need of hour.

[@खुदहै]

शुक्रिया आप का 🙏🙏

[@khushbooyadav2624]

Satya uncle aap jbrdst bolte Ho... 👍👍👍👌👌👌👌👌👌🙏🙏🙏👏👏👏

[@shreekrishn]

जबरदस्त कैसे बोला जाता है...

[@allley11]

Apke chahcha Hain ?

[@arjunyadav2613]

Mishra justice must also be booked for the above matter, why didn't he go hard on justice Shukla

[@studentsvoice1651]

thank you rstv 👌

[@ashwin0309]

Great points by Satya prakash sir. Satish chandra is waste. Mr. Dahiya plz dont interrupt the speakers while they r speaking. It interrupts the flow and they might forget the point they were going to make.

[@pankajbansal2697]

Kindly bring some higher judiciary judges with better perspective. This judge is not able to state his point even.

[@SAMARTHYA_IAS_JUDICIARY]

Starting from appointment,if I could say something,I will definitely stand by the side of current procedure. On hand u talk about judicial review and activism and others u r questioning the appointment process..I do believe that judges of high calibre and more than 4 in collegium have itself a huge pressure to correct whenever their appointments go wrong. If others would do,I am assuring that condition would even more worse. Besides,removal of judges should be accompanied with prosecution process,as it is available now. I feel if SC suggests govt to remove a judge with a clear evidence,then it's not very difficult for them to do so,if all politicians including opposition feels the same..........

[@zdraws1490]

🤔🤔 around 10 lakh civil service aspirants and just a few thousand here

[@abrarahelahi2797]

That is why only those get mains call

[@aspirant8996]

3 million doesn't mean few thousand, it's 30 lacs.

[@threeeei]

Thanks

[@allley11]

Planning to make a video on this

[@vk.tiwari]

i know only one thing.. i am really happy with the decision of Supreme court..

[@shubh3690]

Mr former judge corruption is always there with any institution, it does not means institutionalization of process not made. Institutionalization prevent discretion.

[@annurare7010]

We have so many meenas, who are getting undue benefit of reservations. One program should also be on illegal reservations

[@dhanraj931]

Keep on crying, 1st believe on yourself.

[@Abhishek.2635]

20:18 “corruption is there no doubt” by a former judge.

[@akashjindalakashjindal]

Vishal should not spoil the show. Better to bring Frank in this show. Vishal is over excited.

[@khushbusaini8363]

Bring back frank sir to the show

[@jayshelke5096]

😅😁.....Satya Sir Thank You 😁😅 ♨️♨️ Thanks RS TV Jay Maharashtra ♨️♨️

[@Godofschool]

Every day same comments from u 🤔🤔🤔

[@adityashekhar7551]

No debate on unnao case..truly a govt channel

[@vijaykumaryadav6284]

Dear friend, do not bring these kinds of debate in channels like these. They have certain standard. Don't let it be degraded. Leave these debate to private channels and newspaper.

[@Abhisekoswal]

Frankly Frank being missed !

[@nisthayadav5726]

nice

[@MrBopte]

bring frank back

[@ABHAYKUMAR-eg9wk]

If frank sir not then plz bring women anchor just like teena mam ,kriti mam

[@rishiawasthi705]

Anchor is pathetic. Desh ratan nigam was impressive, he should be included into more such debates related to legal issues.

[@dharamveerchowhan5212]

firstly d,ahi,a needs to be removed

[@thequranicwisdom744]

Sophisticated debate. 👍

[@sabakalimshaikh4215]

TX rstv...

[@pratapbhansinghchauhan3523]

Frank frank frank

[@saifrealty9743]

We want Frank