Showing posts from February, 2017

Prosecution of a Judge - K Veeraswami Case

Prosecution of a judge: In K. Veeraswami case, a five judge constitution bench of Supreme Court held that a Judge of a Supreme Court or High Court can be prosecuted and convicted for criminal misconduct. In this case Veeraswami who was a retired Chief Justice of Madras High Court was prosecuted under The Prevention of Corruption Act. Veeraswami pleaded that a judge can not be prosecuted. The only remedy available against him is that provided in Article 124 of Indian Constitution i.e. Impeachment. Supreme Court rejected his plea. Article 124 is not a shield conferring immunity to a judge from being prosecuted on a charge of corruption. Citation / Relevant Case Law:K. Veeraswami vs Union of India 1991 3 SCC 655

Meaning of Life and Personal Liberty

Article 21 is a Fundamental right in Indian Constitution.  Meaning of Life and Personal Liberty: - Life is not mere animal existence or survival. It would include the right to live with human dignity and all those aspects of life which go to make a man's life meaningful, complete and worth living. The expression personal liberty covers a wide variety of rights which go to constitute the personal liberties of a man other than those which are already included in Article 21. The courts are inclined to give the widest amplitude to the expression. On account of the liberal interpretation Article 21 has now come to be invoked almost as a residuary right, even to  the extent which the founding fathers never dreamt of. From the judgments of the Supreme Court the following are some of the rights that are to be read in Article 21: Right not to be subjected to bonded labour Right to livelihood by means which are not illegal, immoral or opposed to public policy Right to d