Judicial Accountability

WE CAN AFFORD TO LOSE A WAR BUT WE CANNOT AFFORD TO LOSE A JUDICIARY

INTRODUCTION

Judiciary is one of the most important pillars of democracy so that people get the justice. It is expected of the Judiciary to deliver judicial justice and not partial or committed justice. 

Judiciary acts as a watchdog by ensuring that all the organs of the state function within their respective areas and according to the provisions of the constitution. Judiciary acts as a guardian of the constitution and also aids in securing the doctrine of separation of powers.

 Accountability is the sine qua non of democracy.All power is a trust – that we are accountable for its exercise. The judiciary must be accountable to the law, in the sense that the decisions made are in accordance with the law and are not arbitrary

A need definitely is there to make judiciary accountable, as a derogation of values in the judiciary is far more dangerous than in any other wing of the government as the judiciary has to act as the guardian of our constitution.

ANALYSIS

Judiciary is the repository of public faith. It is the trustee of the people. After knocking on all doors, when one fails to get his grievance redressed, the judiciary is the only hope which comes to one's rescue. It is the only temple worshipped by the citizens of the country regardless of religion, caste, creed or place of birth

Judicial accountability as a concept is much debated since it is very difficult to explain it in precise words. The ordinary meaning of judiciary accountability is the answerability or responsibility.

Judicial accountability of a Judge is twofold:

(i) One, which arises as a result of the requirement for every judicial officer to give reasons for his/her decision. Valid reasons bestow transparency on the decisions, 

(ii) Second, which related to tenure and, in particular, to circumstances which give rise to disciplinary measure, including removal from office

• Judicial accountability promotes 3 discrete values:

- Rule of law
- Public Confidence in Judiciary
- Institutional responsibility 

The judiciary is a key institution which shoulders the onerous responsibility of restricting the other organs of the state of work within their bounds. To discharge this heavy duty, the Constitution of India grants independence to it. But it is bounder duty on it, to exercise this independence for the welfare of the people at large. It must exercise judicial activism where the rights of common man are trampled by the executive and the legislature.Thus it is rightly said that the judicial activism is desirable but over judicial activism is dangerous. Therefore, in certain areas, the judiciary has to work with judicial self-restraint. It can help of win the faith and confidence of the people.

But in the recent time, serious allegation has led to criminal prosecution of few high court judges on charges of corruption, also the allegation of favoritism, cronyism and nepotism etc.

CONCLUSION

The independence and impartiality of the judiciary is one of the hallmarks of the democratic system of the government.

The manners in which judges discharge their duties determine the image of courts and the creditability of judicial system itself.

Thus, when the judiciary is playing such an important role in our democracy, its independence and dignity have to be upheld and safeguarded. The beauty of the doctrine of independence of judicial cannot be ignored. Time is now ripe enough to finally place a system for the accountability of the judiciary with the aim of securing and ensuring that “justice is to be sought and not bought.

The author can also be reached at brpandaadv@gmail.com