Judicial Accountability

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1ST INTRA STATE CONFERENCE ON "VISTA OF CONSTITUTIONAL LAW"

TEAM CODE: T34

JUDICIAL ACCOUNABILITY: A FACET OF REALITY

ABSTRACT: “Judiciary unlimited” is an unelected judiciary which is not accountable to anyone except itself. Today Judiciary has marginalised the Indian Government. The Supreme Court has its own laws and ways of interpretation with implementation. The issue is not whether something justifiable has come out of all this but whether the Courts have arrogated vast and uncontrolled powers to themselves. Courts are important element of governance, and the relationship between the Courts and other agencies and between Courts and citizens are essential to constitutionalism. Thus accountability must be comprehensive to include not only the politicians, but also the bureaucrats, judges and everyone invested with public power. Accountability is the sine quo non of democracy. Transparency facilitates accountability. No public institution or public functionary is exempted from accountability although the manner of enforcing accountability may vary with the nature of office and the functions discharged by the office holder. The authors shall focus on various areas relating to judicial accountability of not only judges but also those who are vested with the power. This paper also intends to cover various wings of issues like; Firstly, the need for accountability accountability, Secondly, structure judicial accountability in notion to separation of powers, Thirdly, the new amendments introduced in Judicial Standards and Accountability Bill, 2010 and its policy consequence. And lastly the authors intend to conclude the paper with recommendations as well as enlighten on Judicial Accountability vis-a-vis Right To Information. per-se and analyse on judicial independence with

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1ST INTRA STATE CONFERENCE ON "VISTA OF CONSTITUTIONAL LAW"

TEAM CODE: T34

INTRODUCTION: “Rex Non Potest Peccare”- The King can do no wrong.1 In a „democratic republic‟ power with accountability, of the individual enjoying it, is essential to avert disaster to any democratic system. Accountability must be comprehensive to include not only the politicians, but also the bureaucrats, judges and everyone invested with public power. Power and position in the society includes attendant with responsibility, and every incumbent of a public office must remain constantly accountable to the people, who are the repository of political sovereignty. The word “accountable” according to Oxford Dictionary means „responsible for your own actions or decisions and expected to explain them when you are asked‟.2 Accountability is the sine quo non of democracy.3 Transparency facilitates accountability. No public institution or public functionary is exempted from accountability although the manner of enforcing accountability may vary with the nature of office and the functions discharged by the office holder. The judiciary, the essential wing of the State is also accountable. But judicial accountability is not of the same plane as the accountability of the executive or the legislature or any other public institution. Today people‟s faith in the quality, integrity and efficiency of governmental institutions stands outdated. India being a democratic country the judiciary is vested with absolute power over our courts, unparalleled in history. 4 Our system of government is based on separation of powers. Citizens and non-citizens turn to judiciary as the last resort of weapon. The judiciary, known for its independence and impartiality can protect the rights of the individual‟s and provide equal justice without fear and favour.5 Judicial accountability is the fundamental democratic requirement of our Central and State government. Judicial accountability is a concept which is frequently misunderstood at its best and abused at its worst. Judges must be accountable to the public for their constitutional role

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Garner, Bryan A. Black's Law Dictionary....
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