Judicial accountability refers to holding judiciary responsible and answerable to its judicial and administrative activities.
Main Body
Judicial accountability refers to holding judiciary responsible and answerable to its judicial and administrative activities. Judicial independence refers to non-interference of other state organs in functioning of judiciary. This is ensured by multiple provisions in constitution and statutes like → Contempt of court Act, 1971 → Collegium system → Security of tenure, impeachment of judges as an elaborate process, though appointed by President. → Expenses, charged on Consolidated Fund of India etc. Judicial accountability - → If judiciary is accountable it is accountable
to its people Ex: Recently office of Chief Justice of India is brought under RTI → Open courts ensure transparency of judicial procedure. Concern: Privacy of sensitive issues like rape, security of Nation etc can be affected Purpose: → Declaring asset of judges of SC and HC is under process. This will ensure impartiality. → Pending issue can be tackled by young for All India Judicial services (42nd constitutional Amendment). → But issues like executive interference (in recruitment) can to some extent undermine independence. → Supreme Court and Govt appointed commissions suggested relative of High Court judges shouldn't be in the same High Court. Such measure can ensure avid negotiation.
Same High Court. Such measure can ensure avid negotiation. → Ethical code of conduct as a moral compass amidst vigil legal process. Ex: MP High court judge asked accused to be readhe to the victim woman. → Process of appeal like National Court of Appeal can decentralise the judicial power. With trust in institution comes independence to it functioning. Hence Judicial accountability and independence are mutually reinforcing.
— Sri Giri Raju V P S Sai Krishna · AIR 125
Conclusion
17 words
Sri Giri Raju V P S Sai Krishna
Executive, Judiciary, Ministries and Pressure Groups
Judiciary
Judicial Accountability and Independence
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analytical
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