Is judiciary accountable in India?

Is judiciary accountable in India?

Article 235 of the Indian Constitution provides for the authority any High Court has over the Subordinate Courts which clearly hints on the effective mechanism necessary to enforce accountability. There exists no other way in which a judge can be removed except through impeachment.

Is the judiciary accountable to anyone?

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.

Why is judiciary kept independent in India?

Importance. Judicial independence serves as a safeguard for the rights and privileges provided by a limited constitution and prevents executive and legislative encroachment upon those rights. It serves as a foundation for the rule of law and democracy.

Does independence of the judiciary means that the judiciary is not accountable to anyone?

The independence of judiciary does not mean that judiciary is not accountable to any one. But it means: No other organ of the government would restrain the functioning of judiciary. The judges can perform their functions without any fear or favoritism.

Are judges accountable?

Individual judges are accountable to the public in the sense that in general their decisions are in public and are discussed, often critically, in the media and by interest groups and sections of the public affected by them.

Why is judiciary kept separate from the executive and legislature?

Power to promulgate ordinance which has the same force of the Act made by the Parliament or the State legislature.

Why is judicial accountability important?

Judicial accountability also requires a transparent system that provides for public and media access to court proceedings and legal decisions. Further, judicial accountability means accountability to the law and to the constitutions.

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.

Does the Indian judiciary have power to discipline its own members?

“Ironically the Higher Judiciary in India has powers of control over every organ under the Constitution but there exists no effective method of disciplining its own members.” [1] The Preamble to our Constitution declares India is a ‘Democratic’ State. This broadly means that we have a government by the people,…

How can we maintain the independence of judiciary in India?

The constitution of India provides many privileges to maintain the independence of judiciary.

How do independency and accountability affect judicial impartiality?

Independence and accountability must be sufficiently balanced so as to strengthen judicial integrity for effective judicial impartiality.