Judicial Accountability

What is Judicial Accountability?

Judicial accountability refers to the responsibility of judges to uphold integrity, transparency, and independence while being answerable for misconduct.

Key Mechanisms to Ensure Accountability

• Impeachment: Governed by Articles 124, 217, and 218 of the Constitution, and the Judges Inquiry Act, 1968.
• In-House Mechanism (1999): Based on the Restatement of Values of Judicial Life and Bangalore Principles.
• Committee-based Inquiry: Separate committees for SC, HC Judges, and HC Chief Justices to handle complaints.

Concerns with Current System

• Conflict with Judicial Independence: Efforts to ensure accountability may seem to infringe upon judicial independence.
• Complex Impeachment Process: Rarely leads to removal due to political constraints (e.g., Justice Ramaswamy case).
• No Mandatory Asset Disclosure: Judges disclose assets voluntarily; not legally enforceable.
• Limited Checks: Judiciary controls appointments and internal procedures.
• Immunity from Criminal Action: Requires CJI’s prior approval (K. Veeraswami case).
• Restrictions under RTI: Collegium decisions and judges’ personal disclosures often denied.

Suggested Reforms

• Judicial Standards and Accountability Bill: A proposed law to standardize conduct and complaints mechanism.
• National Judicial Commission (NJC): Suggested by Law Commission to include non-judicial members for fairness.
• Permanent Disciplinary Committee: Central level body to review complaints, issue warnings or recommend inquiries.
• Judicial Oversight: Proposal for performance evaluation and regular scrutiny.

Questions and Answers

Q1: What are the constitutional provisions for the impeachment of judges?

A1: Articles 124, 217, and 218 of the Constitution along with the Judges Inquiry Act, 1968 govern the impeachment process.

Q2: What was the outcome of the National Judicial Appointments Commission (NJAC)?

A2: NJAC was struck down by the Supreme Court in 2015 for being unconstitutional, reinstating the collegium system.

Q3: Why is there criticism regarding asset disclosure by judges?

A3: Asset disclosure is voluntary and not legally mandated, raising concerns over transparency.

Q4: What is the proposed role of the National Judicial Commission?

A4: NJC would oversee appointments and disciplinary proceedings, with a mix of judicial and non-judicial members.