JUDICIAL ACCOUNTABILITY IN INDIA: CHALLENGES AND PROSPECTIVE
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Abstract
The constitution of India has made elaborate provisions for ensuring independence of judiciary. In a democratic setup the judiciary plays an important role in interpreting law and adjudicating upon various controversies. An independent judiciary is earnestly required not only for deciding the dispute among the states and union but also for deciding the matters among the individuals, between individual or citizens and states on the other side. It is the main function of the courts to maintain rule of law in the country and to assure that the government runs according to laws.
In country with a written constitution, courts have an additional function of safeguarding the supremacy of the constitutional framework. The judiciary stands between the citizen and the state as a bulwark against executive excesses and misuse or abuse of power.The past experience of working of our constitution shows that all is not working well with judiciary. The fault for this state of affairs lies with all the organs of the state including judiciary. The judicial system of our country, far from protecting the Rights and interests of the poor or weaker section, became the weapon of harassment of the people. The relationship between judiciary and executive has not been constant pleasant as a result, the institution of judiciary has suffered most and there has been constant falling in the quality of justice and judicial standards.
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