Sambhav-2024

• Define Judicial Accountability and mention its various facets.
• Mention how it is ensured in our political system.
• Mention the challenges and limitations that still persist.
• Conclude Suitably.

Introduction

Judicial accountability is a crucial aspect of any democratic system, ensuring that the judiciary remains transparent, responsible, and free from undue influence. It involves holding judges accountable for their actions and decisions, ensuring they adhere to ethical standards and the principles of justice.

Body

Judicial accountability encompasses various dimensions, including:

• Ethical Conduct:
  • Judges are expected to uphold the highest ethical standards, maintaining impartiality and integrity in their decisions.
  • Avoidance of conflicts of interest is crucial to preserving the credibility of the judiciary.
• Transparency:
  • The judicial process should be transparent, allowing the public to understand and scrutinize court proceedings.
  • Public access to information, including judgments and case records, contributes to accountability.
• Fairness and Impartiality:
  • Judges must demonstrate fairness and impartiality in their judgments, ensuring equal treatment for all parties regardless of social status or influence.
  • Avoidance of bias and prejudice is essential for the credibility of the judicial system.

Ensuring Judicial Accountability in the Indian Political System: In India, judicial accountability is maintained through various mechanisms:

• By way of Writs:
  • Prohibition: It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
  • Certiorari: It is issued by a higher court to a lower court or tribunal to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law.
• Impeachment Process:
  • The Judges Enquiry Act, 1968 regulates the procedure relating to the removal of a judge of the Supreme Court and high court by the process of impeachment.
• In-House Mechanism:
  • The judiciary has an in-house mechanism for addressing complaints against judges.
  • Chief Justices and senior judges play a role in examining allegations of misconduct and taking appropriate disciplinary actions.
• Role of Higher Judiciary:
  • The higher judiciary, including the Supreme Court, plays a supervisory role in ensuring accountability.
  • Landmark judgments have been delivered to maintain judicial integrity and accountability. E.g. Second Judge Case, 1993.

Challenges and Limitations in Judicial accountability: Despite these mechanisms, challenges and limitations persist:

• Lack of Transparency:
  • The judicial system in India faces criticism for its lack of transparency, especially in the appointment and disciplinary processes.
  • Limited public access to information hinders effective scrutiny.e.g. Judiciary has a long history of seeking reservations against the implementation of Right to Information Act (RTI Act) on itself.
• Delay in Disciplinary Proceedings:
  • Disciplinary proceedings against judges often face delays, impacting the effectiveness of accountability measures.
  • This delay can erode public trust in the judicial system.
• Limited Public Participation:
  • The public's role in holding judges accountable is restricted, as the process is primarily internal and lacks active public participation.
  • Empowering the public to raise concerns and participate in the accountability process is crucial.

Steps needed for Judicial Accountability:

• Judicial Standards and Accountability Bill: Enact and implement a comprehensive Judicial Standards and Accountability Bill that outlines the code of conduct for judges, establishes mechanisms for accountability, and provides for the investigation and removal of judges in cases of misconduct.
• National Judicial Appointments Commission (NJAC): Revisit and refine the process of judicial appointments to ensure transparency and accountability. The National Judicial Appointments Commission can be designed to have representation from the judiciary, executive, and civil society, ensuring a balanced and accountable selection process.
• Code of Conduct for Judges: Develop and enforce a robust code of conduct for judges that clearly outlines ethical standards, guidelines for professional behavior, and consequences for violations. This code should cover aspects such as conflicts of interest, impartiality, and accountability.
• Judicial Performance Evaluation: Establish an independent and transparent mechanism for evaluating the performance of judges. This can involve regular assessments based on various parameters, including the quality and timeliness of judgments, adherence to legal principles, and conduct on and off the bench.

Conclusion

Judicial accountability is a cornerstone of a robust democratic system, ensuring that the judiciary remains independent, fair, and trustworthy. While India has taken steps to establish mechanisms for judicial accountability, addressing the challenges and limitations is imperative for strengthening the credibility of the judiciary.