Roadmap for Answer Writing To effectively answer the question “What are the key issues related to judicial accountability in India, and what measures can be taken to address them?”, follow a structured approach that includes an introduction, analysis of key issues, ...
Model Answer Introduction Constitutionally guaranteed judicial independence is essential for the functioning of a democracy. It ensures that the judiciary operates autonomously and impartially, free from interference by other branches of government. Article 50 of the Indian Constitution explicitly mRead more
Model Answer
Introduction
Constitutionally guaranteed judicial independence is essential for the functioning of a democracy. It ensures that the judiciary operates autonomously and impartially, free from interference by other branches of government. Article 50 of the Indian Constitution explicitly mandates the separation of the judiciary from the executive, which protects human rights and upholds the rule of law, foundational elements of a democratic society.
Body
Constitutional Provisions Supporting Judicial Independence
Several articles in the Indian Constitution reinforce judicial independence:
- Article 124 outlines the appointment of Supreme Court judges, emphasizing merit-based selection.
- Articles 214 and 215 govern High Courts, ensuring the independence of judges.
- Article 50 mandates the separation of the judiciary from the executive, highlighted in the Kesavananda Bharati case, which established the basic structure doctrine.
- Articles 121 and 211 restrict legislative discussion on judges’ conduct, further safeguarding judicial independence.
- Articles 125 and 221 protect judges’ salaries from post-appointment alterations, guarding against financial pressures.
- Articles 32 and 226 empower judicial review, exemplified by the Supreme Court’s 2015 decision to strike down the NJAC Act, maintaining judicial autonomy.
- Judges enjoy security of tenure until the age of retirement, as per Articles 124 and 217, allowing unbiased adjudication.
Importance of Judicial Independence in Democracy
Judicial independence is vital for several reasons:
- Rule of Law: Laws must be applied uniformly, as demonstrated in the Keshavananda Bharati case, which upheld the Constitution’s basic structure.
- Protection of Rights: The judiciary safeguards citizens’ rights, as seen in the Habeas Corpus case during India’s Emergency.
- Fair Trials: The judiciary ensures fair trials, exemplified by the Nirbhaya case, despite public pressure.
- Transparency: Independent judges promote transparency, free from external influences.
- Accountability: An independent judiciary holds power accountable, illustrated by the NJAC case.
- Conflict Resolution: The judiciary resolves disputes effectively, as shown by the Ayodhya Verdict.
- Judicial Review: The judiciary’s role in reviewing laws is crucial, as seen in the decriminalization of Section 377, upholding constitutional values.
- Public Faith: An independent judiciary fosters public trust, highlighted by the Right to Privacy judgment.
Conclusion
Strengthening judicial independence is critical for nurturing democracy. It is through collaborative efforts and active participation from all stakeholders that a just, equitable, and resilient society can be built.
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Model Answers Key Issues Related to Judicial Accountability in India Appointment of Judges The current collegium system, where judges select other judges, concentrates power in the hands of a few. This lack of transparency raises concerns about the judiciary becoming a self-perpetuating body, potentRead more
Model Answers
Key Issues Related to Judicial Accountability in India
The current collegium system, where judges select other judges, concentrates power in the hands of a few. This lack of transparency raises concerns about the judiciary becoming a self-perpetuating body, potentially undermining impartiality. (Source: Article 124, Constitution of India)
The absence of statutory backing for procedures like case allocation, judicial appointments, and disciplinary actions leads to a lack of transparency in the functioning of the judiciary. (Source: Judicial Charter 1997)
Article 121 restricts discussions in Parliament regarding judges’ conduct, which can result in limited external scrutiny. This has led to cases of misconduct being self-regulated by the judiciary itself, raising concerns over impartiality in such reviews. (Source: Article 121, Constitution of India)
The Right to Information (RTI) Act does not apply fully to judicial proceedings, particularly regarding judges’ personal information. While the office of the Chief Justice was brought under RTI in 2019, there are still limits on public access to judicial processes. (Source: RTI Act 2005, SC Judgment 2019)
Measures to Enhance Judicial Accountability
Parliament should pass legislation to amend the collegium system, making judicial appointments more transparent and inclusive.
A law setting clear standards and accountability mechanisms for judges should be enacted to address current gaps.
Increased use of technology, including digital records and monitoring of case lifecycles, would enhance transparency and efficiency.
A binding and comprehensive code of conduct for judges, enforceable by law, would improve accountability.
Publishing annual performance reports, like those from the Orissa High Court, would ensure consistent scrutiny and accountability.
By implementing these measures, the judiciary can maintain its independence while improving its accountability.
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