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Day – 53
- Define ‘corruption’. Do you think improper power arrangements in administrative machinery is a cause of corruption? Justify your answer. (10M)
- X is a judge of High Court. She is about to retire and is hearing a high-profile case in which Chief Minister of a State is accused of corruption. The CM has been convicted by the trial court but he has appealed to the High Court which is being heard by Mrs. X. Incidentally Mrs. X is personally inspired to the ideology of the accused CM’s party. Also, Mrs. X has a strong and educated opinion that the CM has successfully developed his State and escalated it in human development rankings.
- In a month, election will be conducted in that State. If Mrs. X upholds trial court conviction, the incumbent CM has bleak chance to win the election. What Mrs. X has planned is she wants to acquit the CM and so he can win elections. She is sure that the petitioners will file appeal against her order in Supreme Court and the CM will be convicted there. But this will take another 6 months at least. Meanwhile, as per Mrs. X’s calculations, the pro-poor CM’s party can win the elections which will promise development to the State for another five years.She decided to revoke the trial court order and acquit the CM. Following are the thoughts which run in her mind when she took this decision:
- By upholding laws as a Judge, I was not able to do anything substantial for people’s welfare
- Rule of Law just exists in letter not in spirit
- By this judgment I’m only delaying the punishment to CM not preventing it
- My conscience tells, if minor violations of law can benefit poor, I should do so
- Ethics in-built in laws can be violated for ethics in-built in conscience.
Is the decision of Mrs. X ethically, right? Justify your stand. (20M, 250W)
