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International Journal of Professional Development Vol.6,No.2,July-Dec 2017 ISSN: 2277-517X (Print), 2279-0659 (Online) International Journal of Professional Development (International Multidisciplinary Peer Reviewed Refereed Indexing Impact Factor Research Journal) Impact Factor: 1.855(IFSIJ) Judicial Accountability: An Overview Jagbir Singh Dahiya National Law University Delhi Sector-14 Dwarka, Delhi-110078 Abstract In the study of judicial accountability, the aim is study different laws, code of conducts of judges, various articles of the constitution and find out how to improve the judiciary in India and the way judges are held accountable for various judgements made. In this study, we are also focussing on Right to information, Judicial Accountability bills and scrutiny process and panels of judges. Keywords: Judiciary, Judicial, Accountability, law, Judges Introduction government, i.e. the executive and the legislative The irony is that the judiciary has the right to have control over the third body – judiciary. Here control all other organs and institutions that are the two provisions: In the year 1982, a matter come under the constitution but there are no regarding the appointment of the high court methods existing to govern the disciplining of judges came in front of the Supreme court. The the members of the judiciary. Our government dilemma was that whose voice should be given is for the people, by the people, and of the the most preference during the time of the people and this is clearly mentioned in the selection of the high court judges. The majority preamble of the constitution. So, this means that present there believed the Chief Justice of India the government is always accountable to the should just be consulted and the rest of the public for the decisions taken. Judicial powers lies in the hands of the Central accountability can be defined as the cost that Government, and also the central government judge is supposed to incur if his decisions or can overrule the decision made by the verdict deviates from the recommended functionaries of the constitution, thus granting standards which are mentioned in the letter of the primacy in this decision. This decision was the law. Judicial independence is a necessary taken because the executive body stands condition to make sure that the judiciary works responsible for the legislative which was elected impartially and the judges are free to make by the people, the legislative is always answerable verdicts or decision. This ensures the smooth to the people. The power of taking the decision, working of the system. But this power does not in this case, was not awarded to the Chief Justice mean to avoid the members of the judiciary of India because the CJI does not have to answer from the scrutiny of the common people. Thus, the questions of the public and also, they are not the importance of judicial accountability comes accountable to common people in anyway. The into play. According to this law, the judiciary is above matter once again appeared in front of a answerable to the public for the decisions made nine-judges bench. The court then emphasized and also the process that was taken to make the the point of selecting the best to ensure the final decision is made transparent. independence of the country. The court also Accountability of the judges is safeguarded by mentioned that the only reason behind accepting reversion and reviews the orders. But the main the consultation from the chief justice is just loophole is that there is no mechanism for the because the CJI is capable of assessing the worth accountability in case if serious misconduct and and suitability of the post. But the judiciary disciplinary issues are found from the side of the replaced the executive from taking the final judges. decision and handed it over to the CJI. Now all It is quite natural that when a person gets the members of the judiciary are appointed by conferred with powers, he or she will try to itself. misuse it. Realizing this universal fact, the makers Code of ethics of the Judges of the constitution, headed by Dr. B.R. The code of ethics of a judge is interlinked with Ambedkar, decided to make two provisions the accountability. Here is the code of ethics that which make sure that the other branches of the Available online www.ijpd.co.in 1 Indexing: SIS,DRIJ,OASI,IFSIJ Vol.6,No.2,July-Dec 2017 ISSN: 2277-517X (Print), 2279-0659 (Online) a judge is supposed to follow while he or she is in does not mean the judge has the right to express power: anything to anyone. The judge stands accountable The judicial decision taken should be honest: to the law for his actions. The overall integrity of A judge's’ life is filled with responsibilities and he the judiciary can be conquered by promoting the is indirectly responsible if the people suffer culture of impartiality, independence, and because of his indecisions, therefore the decisions accountability among various members of the made should be fair and honest. But it is judiciary. The judges and their actions should be important to note that if a wrong decision is made clearly monitored on the basis of the code of honestly by a judge, the decision cannot be ethics which they are expected to follow. The classified as dishonest. A decision is considered media and NGOs which are capable of dishonest when it is not decided based on the representing the people’s voice impartially should judicial conviction of neutrality, fairness, and step forward and question the accountability of honesty. the judiciary system. The formation of strong and No man can be a judge for his own case: This independent judge’s association should be means that the judge cannot make decisions in a promoted which can be made as a reference and case where he or she is involved or he or she is a they should answer the questions regarding the party. This also applies to the cases where the accountability that the public wants to ask. parties of the case the judge’s friends or family. Right to information Administer Justice: The motto followed by the The right to information act can be utilized by judges is that “Fiat Justitia, Ruat Caelum”. The the people to question the practices and meaning of these words is that “let justice be done decisions made by the judicial body. through the heavens fall”. This states that the Transparency is an accepted property of the judges should administer the justice whatever government, this statement along with the right might happen to information can be made on the basis and Equal opportunity: Both the parties who thus people can ask any questions regarding the brought up the case or dispute must be given process and other decisions made by the equal chances to express their side. The parties members of the most powerful body of Indian should be equally treated and the final decision constitution – The judiciary. should be impartially taken. The Judicial Accountability bills Maintenance of distance from the people of The Judicial accountability bill sets standards and interest: The constitution says that Judging is not makes the judges answerable for their own actions a profession but a way of life, therefore the judge and decisions. According to this bill, the judges should maintain the distance from the parties and should declare the properties and assets they have, the lawyer coming up with the dispute. This including the assets of their spouse and ensures that the decisions made by the judge dependents. The bill was approved in 2010 and remain impartial. suggests the setting up of a 5-member committee Avoiding active participation in social named the oversight committee that deals with functions: This is also to ensure that the verdict the complaints and comments that have been made by the judge is impartial. Even if a judge is made against the judges and other members of the to attend a function, he or she should be selective judiciary. All the details will then be posted on the in picking up the right one. The judge should official site of the respective courts. The oversight avoid accepting invitations from business committee will have a former chief justice of India organizations or any club or party. as its head and will consist of the attorney general, Avoid media publicity a Supreme Court justice, a chief justice of a high The judge should maximum try to stay away from court and a prominent person who will be the media and should also not express his views nominated by the President of India. publicly outside of the court. Scrutiny process and panels If a judge is found misusing his or her power, then The committee will send the comment received to according to the Article 124, the judge can be an inspection panel. In case the complaint is in removed from the position but, this is the only opposition to a Supreme Court justice, the provision or case where actions can be taken inspection panel will have a former chief justice against the judge and the misconduct should be of of India, and two present Supreme Court judges. very high degree. The judiciary should be If the complaint is in opposition to a high court independent of the influence from outside and judge, the inspection panel will have a retired should not openly support any political parties or High Court Chief Justice and two present judges any large economic entities. Judicial independence who belong to the same court. The members Available online www.ijpd.co.in 2 Indexing: SIS,DRIJ,OASI,IFSIJ Vol.6,No.2,July-Dec 2017 ISSN: 2277-517X (Print), 2279-0659 (Online) consisting the Supreme Court panel is caught the limelight yet.
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