Judicial Corruption, Accountability and Democracy

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JUDICIAL CORRUPTION, ACCOUNTABILITY AND DEMOCRACY

Ronak Karanpuria1[1]

“Justice howls when she is dragged about by bribe-devouring men whose verdicts are crooked when they sit in judgment.”

Abstract

The aim of the paper is to discuss whether the judiciary should be held accountable to law in the present scenario of India. Courts irresponsive behavior will undermine the reign of law and democracy. Defects in selection method of judge’s append with corruption in judiciary and the political interference will dismantles the quality of judicial institution. What will happen to the principle of judicial independence as a fundamental rule of law in the democratic country? Does it pose serious danger to idea of fairness in trail and justice? Recently the alternate methods of getting justice did it hampers the judicial process or it has overcome the rhetorical method of getting justice by court. Finally to understand the requirement of judicial accountability, does it violates constitution or it is incapability of politician who are judging the judges?

INTRODUCTION

India is a developing country and in a way of becoming a developed country and therefore it has to strengthen its resources, infrastructure and every other department to even become comparable with other developed countries. Increase in corruption all over the world and in India became a social menace which has not left the judiciary also. India is a big democratic country with different religion and languages and its judicial system is based on British standards so we need a unique and efficient standards which can regulate and strengthen the judiciary and provide them justice as well as we have to cope with international standards also.

Even legislature in India had always lost faith in public which can be observed that there is not a single party in the system which can make government single handed, instead they make coalition government which always lack the will to make good and efficient laws append with executive machinery which are devoid of any powers so the only hope of people to get justice is judiciary. Judiciary places an important place in our nation as it saves the public at large from legislature dictatorial method of implementing their policies and stubborn executives. That’s why we call judiciary a place of god as it plays an important role of check and balance in system to maintain equilibrium. The paper will analyze the impact of corruption in judiciary and method to eliminate the judicial corruption. Indian judiciary has guarded the constitution very well and no one has the right of accusing judiciary, who from time to time prevent the oppression by dictatorial reign of government and who always brings the government to its limitation. Golaknath[2] to Kesavanand Bharti[3] and from Menka Gandhi[4] to S R Bommai[5] like there is a long list of cases on different topics like Black money case, 2g scam, Parliament attach, Bhopal gas case which clearly give an impression that it is only the judiciary which from time to time step forward to protect the rights of citizen and prevent harassment by government.

Judicial Corruption in India

The justice mechanism upholds the rule of law and it is the court which resolves disputes without government intervention and sometimes against their wishes based on evidence which is free from bias balancing a set of scales. Judicial misconduct is a term used to describe certain actions of a judge which are unethical or otherwise violate the judge's obligations of impartial conduct. Actions which can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts; using the judge’s office to obtain special treatment for friends or relatives; accepting bribes, gifts, or other personal favors related to the judicial office; having improper discussions with parties or counsel...
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