1st National Law & Governance Essay Competition
Judicial Accountability Bill – Needs
“Power tends to corrupt a man, and absolute power corrupts man absolutely.” -Lord Acton In India Government has basically three organs with itself that is the Legislative, Executive and Judiciary at its both State and the Centre level and there is a separation of power among the three which means the functions of the Government bodies are independent of each other and separated from each other in order to keep checks and balances in a democratic form of nation which India is which is Partly Federal and Partly Unitary .The reason why the functions of the Government are divided into three different organs so as to ensure that these representatives work effectively, and to control misuse of power and authority by them, These are legislative, executive and judiciary branch.
The legislative branches makes the laws, that defines rights and obligations of the people and of various arms of government, and defines rules of conduct of various actions and functions affecting the well being of the collective good of the society. The Executive branch is responsible for managing the affairs of the country in accordance with the laws passed by the judiciary branch, this includes among other things collecting taxes, and operation of common services in the society such as roads, water supply, policing, and defence. The judiciary branch is responsible for interpreting the laws passed by legislative branch, and settling disputes between people and between people and government regarding correct application of law. It also awards appropriate punishment for violation of law. Indian Judiciary is the most powerful judiciary I the world after USA. It is considered as the strongest pillar of the democracy because the highest power is vested in the people of the Nation. Judiciary in India has been given the Supreme powers by the legislature to which has further lead to the non-accountability of the judiciary to anyone. Judiciary in India enjoys judicial independence but this independence at times, results in the misuse of the powers and privileges by the Judges. That is why, the concept of Judicial Accountability is in question these days and various Conferences and discussions are taking place all over the world so as to find whether the Judiciary can be held accountable for its actions or not.
The word ‘accountable’ as defined in the Oxford Dictionary means ‘responsible for your own decisions or actions and expected to explain them when you are asked’. Accountability is the sine qua non of democracy. Judiciary has always been associated with the higher cause of truth and justice and the Judges and the judiciary have been able to record a distinct position. What the Constitutional provisions provide for is that “there should be an impartial and independent judicial body to adjudicate upon the matters and to act as the interpreter and guardian of the Constitution.” It is also a laid down modern day principal that an authority which derives the existence from the source of the origin, from the Constitution of from the more importantly people of the nation there the authority cannot claim to be unaccountable and absolute. All the organs of the Government belong to the people and both the Executive and Legislative is accountable, hence the Judiciary too cannot subject to be unaccountable and absolute. It is similar to the provision “No person, howsoever high is above the law” vis-à-vis no institution howsoever consecrated is can claim to be unaccountable. Ultimately, every institution is accountable to the people in every democratic polity like ours. Many countries in their constitutions have already provided for ensuring accountability of judiciary. This is done to prevent concentration of power in the hands of a single organ of the state especially in countries where judicial...
Please join StudyMode to read the full document