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Report No. 80

2.3. Wrong appointments-adverse effects.-

Wrong appointments of Judges have affected the image of the courts. They have also undermined the confidence of the people in the courts. The stake of the community in the preservation of the courts as dispensers of justice is tremendous. Of the three organs of the State, the Legislature, the executive and the judiciary, the judiciary is considered to be the weakest. It has neither the power of the sword nor that of the purse. It has neither the financial resources nor can it by itself enforce its decisions. Even for such purposes it has to depend upon the other organs. Despite that, the courts, especially the superior courts, have enjoyed high esteem and commanded great respect of the people.

This has been so because of the moral authority they would and because of the role they play as dispensers of justice in any dispute between the rich and the poor, the mighty and the weak, the State and the citizen, without fear or favour. Any undermining of the broad confidence of the people in the courts or any detraction from the image of the courts as dispensers of evenĀ¬handed justice poses a grave danger for the well-being and security of the society, for inevitably it must turn people to extra-legal methods for redress of their grievances and for settlement of their disputes.

This would not only disturb the even flow of the life of the community, but would also in the long run erode the democratic structure of our polity. Nothing rankles more in the human heart than a brooding sense of injustice. Any feeling or consciousness of the incapacity of the lawful agencies to afford relief for the wrongs and injustice, supposed and real, takes people's thought to dangerous channels and drives them to seek recourse to methods which are other than legal and smack of a state of jungle or the rule of tooth and claw. It is, therefore, essential to ensure that nothing is done to detract from the image of the courts and the broad confidence of the people in the courts by wrong and undesirable appointments of Judges.



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