NEPOTISM IN INDIAN JUDICIARY

Updated: Jun 19


Author: SHAMBHAWI UPADHYAY,

Banasthali Vidyapith, Rajasthan


NEPOTISM: INTRODUCTION

The term comes from Italian word ‘nepotismo’ which means nephew based on Latin root. Nepotism means favoritism which is granted to relatives in various fields such as business, politics, entertainment, sports, religion and other activities. Several philosophers like Aristotle, Confucius criticized nepotism since the ancient times. They condemned nepotism as both evil and unwise. Nepotism refers to partiality to family or partiality based upon being part of a favored group, rather than job performance. Nepotism is the unfair use of power in order to get jobs or other benefits for family or friends.

Social study says that nepotism, kinship and social bonds also plays a vital role in corruption. In today’s world, public servant’s mind has precedence towards the kinship ties and caste and parochial loyalties. They did not consider the corruption arise from this behavior, according to them it is a family obligation. Similarly, in case of judiciary nepotism is common.

NEPOTISM IN INDIAN JUDICIARY

Nepotism in Indian Judiciary is quite common. The method of judicial appointment in our country gives proof of nepotism. A case is there, that is in 2013, the Chief Justice of Punjab and Haryana, S.K. Mittal, AK Sikri had recommended the names of eight advocates to be promoted to the High Court. When the collegiums cleared these names a thousand of other advocates filed a petition against these names by the collegiums because most of the names was of their relatives.

This case highlighted one of the basic problems with the current method of judicial appointments. It is called the perpetuation of what may be called collegiums appointing relatives, former colleagues, friends and juniors in high positions. But the fear of contempt dissuades people from highlighting examples of nepotism.

However, the Modi government seems to be intent on curbing this trend, which became evident first in June 2016, when the Centre had put on hold the appointment of 44 Judges at the Allahabad High Court. Seven of the 44 advocates recommended by the High Court collegium were related to serving or retired former judges of the court.

Corruption and nepotism are considered as pervasive in Indian Judiciary. Both the terms are very used to in the field of judiciary. Both in the case of private jobs as well as government jobs, nepotism is going on. The members of Parliament and Legislative Assemblies have a long legacy of nepotism allocation of constituencies. Judiciary is a pillar of democracy, enjoys its own autonomy in many ways most of which is not subject to any scrutiny. Nepotism in Indian judiciary is quite common. Unfortunately, Indian judiciary is under the heavy influence of nepotism.

In India, if you are belonging to a family of judges then it is quite clear that you will be definitely in that line. It will give one a sure shot entry in that line.

There are several cases of nepotism and various petition was filed against it. The judge of Allahabad High Court, Rang Nath Pandey has written a letter to Prime Minister of India. In that letter he alleged nepotism in the cases of appointment of judges to High Courts and Supreme Court.

If nepotism is there in Indian Judiciary, then the public loose their faith from justice. As it undermines public trust by making government look like a family business which runs not for the community, but for the families in power. According to moral values, nepotism is bad within the government organization.

CONCLUSION

Nepotism is an issue which is very difficult to control. It is both boon and curse for our Indian society. Nepotism should be clear from every area of Indian Judiciary. An effective anti-nepotism policy can help employers avoid perceptions of favoritism. The selection of employers, the hiring system or promotion must be based on an individual’s ability, qualifications and performance. Because of nepotism, the advocates feel unappreciated and as a result they may lose their motivation to achieve their goals and accomplish their daily tasks.

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