THE DEBATE BETWEEN JUDICIAL INDEPENDENCE AND JUDICIAL ACCOUNTABILITY: WHO IS JUDGING THE JUDGES?
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Abstract
Through this article, the author tries to discuss about the imminent need for the accountability in the Indian Judicial system or the Indian Judiciary. Accountability or Accountable means actions which require justifiable explanations for that particular action, to the people who are directly are indirectly related with the consequence of that action.
In recent times the actions and decisions of the Indian Judicial system in the matters of appointments, transfers, judgements and orders; calls for a serious question of accountability because of the widespread corruption. The Indian judiciary which is the guardian and protector of the constitution (law of the land) has itself fallen into the prey of corruption and nepotism which is against the preamble which forms the basic structure of the constitution which cannot be amended. Now the question is why the Indian Judiciary is entangled in so much corruption and nepotism. Answer to that is power, absolute powers which are held by the judiciary, which remain unchecked. And as the saying goes “power corrupts and absolute power corrupts absolutely” goes well with the Indian judicial system. All this is happening because of lack of judicial accountability. With powers like contempt of court the judiciary could terrorize anyone. They have many more powers of which they are not answerable to anyone. There some provisions like judges enquiry which does make the deviant judges accountable to an extent, but since the enquiries are done by the judicial committees themselves, the outcomes are biased and not very surprising. Moreover the impeachment procedure is so complex that not a single judge till date has been removed from his office.
This article tries to discuss about the issue of accountability in the judiciary in exhaustive manner taking into consideration the past present and future events related appointments .transfer, judgements and misuse of the post for personal benefits and also tries to discuss various solutions of accountability like national judicial appointment commission (NJAC).
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