G. Srividhya Iyer, B.B.A; L.L.B(Hons), Sastra Deemed To Be University
ABSTRACT
To err is human. Judicial officers are also humans. To apply and deliver the judgment to the intersection point of law and facts is a scientifc process. Its not an art. The degree of application of knowledge on the facts and circumstances of the case and drawing inference by way of judgment may result in error. So to err is common. But the degree of error or willfull mistake (error is being unintentional and mistake is intentional). The thought process cannot be carried with 100% accuracy. It varies and deviates due to non understanding, misapplication and a confused state of mind. So if the above are taken into consideration what consitutes an error and a willful mistake will determine the premises for initiating disciplinary action. An initiation of disciplinary action itself is a sign of decay against the standards of judicial uprightness, integrity and morality. Therefore as observed in many cases initiation of disciplinary action against wrongful orders should be desisted. Continuing to do willfull mistake must alone be taken into account for initiating disciplinary action. This paper deals with the Indian judicial position revolving around disciplinary action.
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