What is judicial accountability India?
Judicial accountability can be described as the judges’ view where they should be held accountable for their work. This could be in different ways, like being accountable to the public to get voters’ approval in the election or being accountable to some political body like the legislature or governor.
What is judicial accountability?
The phrase judicial accountability describes the view that judges should be held accountable in some way for their work. This could be public accountability—getting approval from voters in elections—or accountability to another political body like a governor or legislature.
How do you ensure judicial accountability?
Further judicial accountability is necessary to bring in fair and impartial hearings by the judges similar to judicial independence which promotes fair and transparent hearing and does not benefit the judges as having been perceived in several cases.
Is judiciary accountable to people of India?
Broadly speaking, 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. Like other branches of government, it must also be accountable to the general public it serves.
What are the problems of judicial accountability in India?
Judges cannot continue to act like Kings answerable to none. The instances of such nexus between corrupt politicians and the judiciary have only grown over the years. Another example of the court being sucked into politics is the Government asking the Chief Justice of India to decide whether the then Prime Minister Mr.
What is judicial independence and accountability?
Judicial independence is the unwritten constitutional principle that courts must be “completely independent of any other entity,” including from other branches of government and the public. Independence allows judges to make decisions “free of influence and based solely on fact and law.”
Do judges have accountability?
Judges must, therefore, be accountable to legal and ethical standards. In holding them accountable for their behaviour, judicial conduct review must be performed without invading the independence of judicial decision-making.
What is judicial accountability Upsc?
The term judicial accountability thus means that the judges are responsible for the decisions they deliver. It also means that Judges be held accountable for their conduct. The Judiciary is not subjected to the same level of accountability as the Executive or the Legislative wings of the Government.
Why is judicial accountability a significant part of judicial independence?
It promotes the rule of law by deterring conduct that might compromise judicial independence, integrity and impartiality. 2. It promotes public confidence in judges and judiciary.
How are judges accountable?
The judiciary cannot exist without the trust and confidence of the people. Judges must, therefore, be accountable to legal and ethical standards. In holding them accountable for their behaviour, judicial conduct review must be performed without invading the independence of judicial decision-making.
What are the problems of accountability of judicial law making in India?
What procedures are in place to hold judges accountable?
Currently, four penalties may be imposed: private censure, public censure, request that the judge voluntarily resign and recommend impeachment to the House of Representatives.
What is judicial responsibility?
Judicial responsibility is a broad concept. It encompasses all forms of responsibihty that may be imposed upon a person or body exercising a judicial function. This Report will be concerned only with judicial responsibility in civil litigation.
What are the 10 functions of judiciary?
Functions of the Judiciary
- To Give Justice to the People:
- Interpretation and Application of Laws:
- Role in Law-Making:
- Equity Legislation:
- Protection of Rights:
- Guardian of the Constitution:
- Power to Get Its Decisions and Judgments Enforced:
- Special Role in a Federation:
What is the current framework of judicial accountability in India?
What is the current framework of Judicial Accountability in India? The Constitution of India provides for the removal of the judges of the Supreme Court of India and the High Courts for misbehaviour and incapacity by means of impeachment.
What does Judicial Accountability mean to you?
(A) Nature And Meaning Of Judicial Accountability 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. Transparency facilitates accountability.
Should the judiciary be held accountable?
The judiciary, an essential wing of the State, is also accountable. Judicial accountability, however, is not on the same plane as the accountability of the executive or the legislature or any other public institution. Indian polity is under severe strain.
Should judges of the superior judiciary in India be accountable?
Thus, the courts in India enjoy virtually absolute and unchecked power unrivalled by any Court in the world. In these circumstances, it is absolutely vital that judges of the superior judiciary be accountable for their performance and their conduct – whether it be for corruption or for disregard of constitutional values and the rights of citizens.