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Federal Judges Case Study

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Article III of the US Constitution establishes the judiciary as an independent third branch of government. Article III gives the judiciary the power to hear and adjudicate all cases arising out of the constitution and laws of the USA with impartiality. Article III also states that federal judges can only be removed through impeachment by the House of Representatives and conviction by the US Senate for “treason, bribery or other high crimes or misdemeanours”. Short of removal, federal judges can be disciplined for violations of the Code of Conduct for United States Judges- a set of ethical principles and guidelines adopted by the Judicial Conference of the United States. Most states have adopted the Model Code of Judicial Conduct compiled …show more content…

He suggests the names of judges to Senate and with advice and consent of Senate, judges are appointed by the President. Judicial committee of Senate plays very significant role in evaluating the cardinals of the proposed judges of the Supreme Court. They make the investigation of the background of judges, they hold the face to face interaction with judges, the judges are queered and grilled and questions are put. The whole process happens in public and in transparent manner. The citizens of US has any information about judges integrity, they can send the information with evidence to the Senate Judicial Committee which will make the further investigation and make sure that no unworthy candidate will be appointed as judges to the Supreme Court. In the appointment of Judges the people of US also participates and the judiciary of US has no role to play in the appointment of judges. The entire process of appointment of judges is crystal clear. Judges of US holds the office for lifetime. In India the entire process of appointment of judges happens in the darkroom between the judiciary and executive. The people of India would come to know of their judges only after the appointment. Neither the peoples are informed in advance nor the executives makes open enquiry of judges. President appoints judges to Supreme Courts on the recommendation of the Prime Minster and Cabinet. The prime Minster and Cabinet consults the judiciary in which the Chief justice and four senior judges of SC plays very dominant and decisive role in preparing the list of judges which will be sent to President for the appointment. The entire process of appointment of judges happens in the backyard and under the carpet without involvement of the people which is serious flaw of the Indian legal system. Judges holds the office up to the age of 65

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