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, suggested measures for improvement, and a conclusion. Here’s a step-by-step breakdown:

1. Introduction (1-2 sentences)

• Briefly define judicial accountability and its significance in the context of India’s democracy.
• Mention that while judicial accountability ensures that judges are responsible for their decisions and conduct, there are significant challenges in the Indian context.

Example:
“Judicial accountability refers to the responsibility of judges for their decisions and conduct. While the judiciary in India is an independent pillar of democracy, there are several challenges that affect its accountability.”

2. Key Issues Related to Judicial Accountability (3-4 paragraphs)

• Identify and explain the key issues one by one. Support each issue with relevant facts or constitutional provisions.

a) Appointment of Judges

• Issue: The existing collegium system where judges appoint other judges leads to a concentration of power in a small group, making the judiciary susceptible to lack of external scrutiny.
• Source: Article 124 of the Indian Constitution.
• Fact: The collegium system, though intended to maintain judicial independence, has raised concerns of opacity and nepotism, leading to questions about its transparency and fairness.

b) Opacity in Judicial Procedures

• Issue: There is a lack of transparency in various judicial processes such as the allocation of cases, judicial appointments, and disciplinary actions due to the absence of statutory backing.
• Source: Judicial Charter 1997, RTI Act 2005.
• Fact: The Supreme Court’s in-house procedure, while developed for self-regulation, lacks the statutory backing required to ensure consistency and transparency.

c) Conduct of Judges

• Issue: Judicial conduct is largely self-regulated, and there are constitutional limitations on discussing the conduct of judges in Parliament.
• Source: Article 121 of the Constitution.
• Fact: This restriction often results in misconduct not being fully examined or addressed, leading to questions about accountability within the judiciary.

d) Information Asymmetry

• Issue: Despite the Right to Information (RTI) Act, there is limited public access to information regarding the functioning of judges and the judiciary.
• Source: RTI Act 2005, SC Judgment 2019.
• Fact: The office of the Chief Justice of India (CJI) was brought under RTI in 2019, but access to sensitive judicial information is still restricted.

3. Measures to Address These Issues (3-4 paragraphs)

• Suggest practical measures to enhance judicial accountability, each supported with facts or examples.

a) Reform the Collegium System

• Measure: Amend the collegium system to include greater transparency and wider representation to avoid concentration of power.
• Fact: Various legal scholars and experts have proposed reforms to the collegium, including more public involvement or an independent commission.

b) Statutory Law for Judicial Standards

• Measure: Introduce a comprehensive statutory law to define clear standards and accountability mechanisms for judges, bridging existing gaps.
• Fact: Such a law could address the gaps in judicial misconduct procedures and accountability that are currently left to in-house rules.

c) Enhancing Transparency Through Technology

• Measure: Implement technology to digitize records, track judicial appointments, and monitor case progress to ensure greater transparency.
• Fact: The adoption of technology can streamline case management and reduce delays, as shown by pilot projects in some high courts like Orissa.

d) Formalized and Enforceable Code of Conduct

• Measure: Establish a clear, binding code of conduct for judges, which is enforceable by law, to promote consistent ethical standards across the judiciary.
• Fact: The Restatement of Values (1997) adopted by the Supreme Court could be further strengthened into a statutory code of conduct for judges.

e) Regular Reports on Judicial Performance

• Measure: Publish annual reports assessing judicial performance, efficiency, and the number of pending cases, as done by the Orissa High Court.
• Fact: Such reports would foster greater accountability and encourage the judiciary to address performance issues.

4. Conclusion (1-2 sentences)

• Summarize the importance of judicial accountability and emphasize the need for reforms to address the challenges identified while balancing judicial independence.

Example:
“While judicial accountability is crucial for maintaining public trust in the judiciary, it must be balanced with judicial independence. Implementing reforms, particularly in areas such as the collegium system, transparency, and conduct, will strengthen the system and ensure a more accountable judiciary.”

Relevant Facts for the Answer

1. Article 124 (4) – Judges of higher courts can only be removed on proven misconduct or incapacity, requiring a resolution by special majority in Parliament.
2. Article 235 – High Courts control the administration of lower courts, but the accountability mechanisms remain vague.
3. Judicial Charter (1997) – A 16-point ethical guideline adopted by the Supreme Court for judicial conduct, though it lacks statutory enforcement.
4. RTI Act (2005) – The office of the Chief Justice of India was brought under RTI in 2019, but judicial transparency remains limited.
5. Article 121 – Prohibits the discussion of judges’ conduct in Parliament, which can sometimes hinder external scrutiny of misconduct.
6. Orissa High Court Report – The Orissa High Court publishes an annual performance report, which helps promote transparency and accountability.

By following this roadmap, you can construct a well-rounded, fact-based answer that addresses both the issues and potential solutions regarding judicial accountability in India.