Judicial Accountability in India: Issues and Challenges

Abstract

The proper administration of justice system being an intrinsic value of rule of law and constitutional governance fundamentally lies with judicial accountability. Though the Indian constitutional jurisprudence is considerably developed in line with international judicial standards, still Indian legal system lacks adequate standard relating to judicial accountability and Code of Ethics. The inadequacy and inefficiency of the system are evident from the very few cases reported against judges despite prevalence of suspicion of corrupt and unethical practices among the judges. This tendency of non-reporting of the cases is reasonably high and relatively complex on account of apparently proved unworkable and unfeasible constitutional mechanism against judges in India. Longstanding judicial reforms of the country and recent constitutional indiscipline of the judges of Supreme Court of India in expressing their anguish over the functioning of the highest apex Court of country by breaking down the constitutional culture has further aggravated the situation. This uncultured constitutional practice has intensified suspicion of efficiency of constitutional governance in infusing propriety and probity to the judicial system of the nation. In this context, this paper examines judicial accountability system of the country and identifies legal deficiencies in judicial accountability. The researcher argues that the Indian legal system shall be further streamlined in line with the best practices of the other countries.