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High Courts and the Rule of Law -Dr.M.K.Sherwani

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  • Sherwani Mustafa
    Message 1 of 1 , May 23, 2012
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      High Courts and the Rule of Law


              The  higher echelons of Indian judiciary are suffering from two glaring  irregularities which ,off and on, cast serious aspersions on their  impartial functioning. The first is relating to the  procedure of appointments in the High Courts, which for all practical reasons , throws the meritocracy into the background ,and brings the political considerations to the front. To overcome this serious deficiency, either the system of direct appointment in the High Courts must be dispensed with or some radical changes be introduced so that aspiring lawyers concentrate on their working efficiency rather than taking rounds of political corridors. Secondly, what constitutes the gross violation of the principles of natural justice is the sitting of a High Court judge in the same premises where he or she  has practiced as a lawyer for decades, and would have developed certain likes and dislikes amongst their colleagues. It explains the reason that complaints, rumors or simple presumptions of nepotism or partiality  are comparatively much higher against such judges than against those who are either elevated from the lower judiciary or are sitting outside their native states.


      Dr. Mustafa Kamal Sherwani,LL.D.

      Associate Professor of Law

      Shia P.G. College, Lucknow

       & Former Dean, Faculty of Law and Shariah

      Zanzibar University, Tanzania

      ( Also practiced as advocate at Lucknow Bench

      Of Allahabad High Court from 83 to 95 )

      E:mail: sherwanimk@...



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